'I KERALA GAZETTE oa, umn& •• EXTRA ORDINARY PUBASHED BY Aurlloalfl flU%aofl1aaoc1 tnjatil 3 ° WenJSUrb)CTfl( 1 """fl 200 '°°J 00oAj No. 'a WOPJ. 47 j htd A!vina 1924 mbij 1924 itrokcailm. 2 GdVERNMENT OF KERALA. Law (Legislation-B) Departrnrnt - NOTIFICATION 24th Septero her, 2002. No. 20248/Leg.B1 /2001 lI.aw.- I Datd, Thirzwananthapuram 2nd ,4svina, 1924. In pu-natnceofclaiisc (3) of Article 348 of the Constitution of India, the Governor is Ricaséd to authorise the publicalion in the Gazette of the following translation in the Englith Language of the Kerala Ground Water (Control and Regulation) Act, 2002 (I 9 of 2002). 4By order of the..qovernor, V. R.aKuiic*R, Law Secret arj. 33135590O021MQ.
Transcript
'I
KERALA GAZETTE oa, umn&
•• EXTRA ORDINARY
PUBASHED BY Aurlloalfl flU%aofl1aaoc1 tnjatil 3 °WenJSUrb)CTfl(
In pu-natnceofclaiisc (3) of Article 348 of the Constitution of India, the Governor is Ricaséd to authorise the publicalion in the Gazette of the following translation in the Englith Language of the Kerala Ground Water (Control and Regulation) Act, 2002 (I 9 of 2002).
4By order of the..qovernor,
V. R.aKuiic*R,
Law Secret arj.
33135590O021MQ.
[Translation in English of cc2002eJ GamA pi (au omGmcwo published under the authority of the Governor]
ACT 19 OF 2002
THE KERALA GROUND WATER (CONTROL AND REGULATION) ACT, 2002
1•
AN
• to pcvWe for the conservation of ground toUter and for the regulation and control of its ext motion and tueAn the State ruf Kerala.
14 Preamble.—WqjairjAs it is expedient to proyide for the cohservation of
• Ground Water and for the regulation and control of itsextraction and use in the State of Kerala;
AND WrrREAs in c-ta in areas of the State the tendency of indiscriminate extraction of Ground Water is cOntinuing;
AND W'muutAs it is felt that the drratit exttactiôii of ground wter is found to result in undesired epviromnental problcms in such areas
6
AND WNERrkS the grbund water is a critical resource of the State;
AND WirnaiAs it is consMered ncessary in the public interest to regulate and control any.forin of dewiopnient of ground water in the State of Kerala: -
E it enacted in the Fifty-third \'ear of the Republic of Jndia as follows:-
1. Short title, extent ad commencement.— (1) This Act may be calkd the Kerala Ground Water (control and Regulation) Act, 2002.
rt extends to the whole of the State of Kerala.
It till come into force on such date as the Government may,by notification in the Gazette, appoint:
Pr-bvided that different dates may be appointed for diflèrcnt incas ai.d for different provision of the Act and any reference in any such. provi:.ioII lo the cammeuiccment of this Act shall be construed as a reference- to the commencement of4uch provision.
7) ••' -.
2. DefiniUtrns.--(JI). In thhiAct, unless the conte.xi othcrwise requires,—
a) fAuthority" means . "the.-Statç Ground Water Authoritx" constitutcd under sub'secton (1) ofsection 3 ofthis Act;
(b) "Government" means the GovernmcAi. olKerak;'
c) "Groui?d Water" means the water which ek'ist b'elow the surface of the grgund at any locatton or at any.parIicular category of locations;
'nodfjed area" means the area notified under suli scctin (l)S., of seCtion 6 oithis Act; . •. . . *..
..'rescribed" means prescribed by rules made under this Act;
"puflnping well" means a well fitted with piInp driven by n electric.rnotor or oil engine for pumpingwatei,but does not include opep wells
' fitted with pumps. drhrcn by eñinc 'or motor of Horse Power upto 1. 5 and tubevelLs, borewells and dug-cqn borewcils fitted -'with pumps --driven b ' engine pt motor of }-torse Power upto 3;
() "digging" with all its grammatical variations and synorits, includes ci gging or drillhtg of new Wells, putting in pipes or drilling, making . tunnels or increasing depth or diameter of the existing wells;
"user of ground water" theàns any person using ground Water from a pibnpingwellfonn purpose includingddmestic purgose;
"welY'iweans any struetue made on the surface, of earth by any person other 'than officers authorised by Stnte. Gqvern meWl or Central C-overnment, for the purpose of drawing ground water for .seaich, dev%lop-mcltt, use or management of ground water resources and includes open well, dug well, borewell, diig-cum borewell, tube well, storage well, infiltration gallery, but shall notinclude open well or clugwe.11 used for domestic purpose's.
3. State Ground Water Aut/iority.—( I) . The 'Government "shall, by noti-fitation in the Gazette, constitute an authority called the State Ground Water Authority with effectfrdni such date asma' be specified théreih..
(2) The authority shall iit a; body cofporate having perpetual succession and a compion seaI with power, subject to',the- ptovisions of this Act, to acquire,hold and dispose ofproper b1ty, bdth movable and ithiova - and to enter into contract and shall by the namç-of the Authority . sue and be
(i) the Secretpy to Coveriinent, Water Resources tcpartnient; Ex officio, who shall be the 'Chaitmai of the Authority; -
• .
.3
the Secretary to Government, Fhancc Department; Ex officio;
the Secretaiy to Government, Local Self Goernineiit (Rural Pevelopmtht) Department; Lx Officio;
thç Director, Ground Water Department; Ex officid, who shall he the Secretary of the Authority;
the following persons nomina ted by the Govrrnmcnt
W (a) two luent bets of the Letislativc Assembly; I •
. (Li) an expelt iii Water Resources;- -
• i member ofC'rrama ?anchayat;
a member ofMunicipalCounçil; -
(c) a Member belonging to a Scliedukd Caste'or Scheduled Tribe;
• (1) a Woman a
• a. public man;
• an envirdinuental activist. /
'l'lie term ofofflec of the nominated members shall be three yeais.
Any nçmiiiated member niay resign his office 'at any tithe by a resignation letter addressed tdtiie Government:
PrONidedtliattlierg:.~ignatiori shaIl.not come into cffcctuutii itisaccepteS.
The condifiong of the' &ervicc of the members tif tile Authoriiy shalibe, such as may be prescribed.
4. Acts not to be invalidated by irregularity, vacancy etc.—No act done or proceedings tflen by the authority -shall be invalidated merely on the following reasons— -.
anyvacancy oi: any defect it the constitution ofthauthori ty; or ,
Any defect or irreiiarity in the appointment of a person acting as a member of the authority. '•
5 Officers and shff of the Authori*.—All officers and oilier employee - of the Ground Water DepartMent shall, for the purposes of this Act, be-consis dercd as the offleers and staff of the Authority nd they shall cxercie the powers and pcform ibe duticy assigned to them from time to time by the Authority in writing:
- Provided that the Government may depute such number of scientists md technicians, as it may deem recesary for the purpose of the proper fun-ctioningorthe Authority under this Act Or for the proper exercise of th powers under this Act. . . V
6. .AtotiJj'ing areas for the control and regulafionof rQu,Id water deuelopñecnt.-(P The Government may, if satisfied on the recomnterdatiex of the authority, that itinecessary. in the pubhicinterest toregulate the extraction or use of grond water of any area, declare by notification in the Gazette, such area as nolifle'd area or the pupose of this Act. with effect fxtm sucli date as maybe specified therein. .
Every nOtification issued under sub-section (1) shall be published in the Gazette as well as in-two daily newspapershavin g wide circulation in the said areasãnda copy of thesame shallbeexhibiled on the notice boartlofthe '
office ofthe Grama Panclyat or Municipahity,as the case maybe and Vllage Office of the sr.id area. .
The Goveritmeth may, if satisfied on the recothxngndation of the Authority, that the availability of Ground Water has increased in any notified area, cancel the notification issued in resp&t of such area -
7. Grant ofpennit to ext rael anusegrouftd water.---( 1) Any person desiring to diga wcill otto convert the existifigwell into a pumping ivell, for his Own or social purpose in the notified area, shall submit an application before the S Authority for the grant of a permit for the purpose and s 411 not proceed with anyac:tivity conneci:ed with such digging or onvçrtion unlessapennithas beengranted bythe Authority. .. - .
• (2) Everyapplication under suh-section(I) shall-be insucjuibrm. and shall contain such particulars as -maybe prescribed. -. -
- (3) The Authority shall acknowledge the receipt of every application in the marner as may be prescribed.
(4) On receipt of an ajplication under sub-section (1) the Authonty shall, ifsatfsfied that it shall not he against the public-interest so lo do, grant, uhject to such conditions as may be prescribed a peimit authorising ip draw
ground wtáer or i-eject the application:
Provided thatnopersthi shall. he refusedapermit wititout giving an • opportunity of being heard. -
• (5) The decision regarding the grant orrefiisalofthe periit shill be communicated to the applicant by the Affthority in writing with in ninety daysfrom the date ofreceiptoithe application.
• - (6) Where the Autlority received the application undei sub-section (1) fills toinforin the applicant 01 its decjsion on the application within inety days from the date ofreceipt of the apjilication, the permit shall be eemcd tg have been granted to the applicant ard such peroiisshallIhr.the
purpose of tlu Act be deemed to he a permit holder !
(7) In granting or refusing the peimil, the Authotity shallcornider the followiAg matters, nameFv
the purpose or purposes for which the water is used;
the other existing useri of that locality;
the availability of ground water of that area; S
the quality of ground water in connection with its use;
the distance of theproposed well with the adjoining well and the number ofiwelis in the Area and the chance of interference with existing wells;
(1) chances of ground water pollution;
(g) the long term iature ofground %\rater level in thearea:
• (h) - any other factor relevant thercto.
8. Registration of the existing wells of the notf?edarea.---(l) Every owner of the existing wells of the notified area in the Sta'e shall, within a period ofofle. jmdred and twenty days from the date of constitution of the AutE&ty, regiãterjthewells iMM and in use and shallapply to the Authority in such--forxn and in such manneras may beprescribcdfor a.certificate of registdtion:
Provided that ifthe Authority is satisfied that there are suicient reasons for the applicantfor 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 ama'y be prescribed.
4
C
6 •,' ,-
(3) - On recipt of aa appcation under sub-section (1) the Ahthority shall, if satisfied that it shall not he against the public interest so to do, register thewelisubject to such conditions and restrictions as may be pvc-scribed and issue a certiticate of registration to the applicant or reject the application;. - - - - -
- I- -
Provided that no application for registration shall be rejected without givihg the applicant an opportunity of being heard. -
(4) The decision regarding the rant or refusal of certifice of re gis tration shall, be conmunicated 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 ofwefl under sub-section (3, namely:— - - - ' -
- ;thè purpose for which water is used; - -
the other existing users of that locality.;
- - - (c) the rate ofre-charge of the area of intlunce ofthcweil; -
(d) the quality oground water in the location; . - (e) the long term natUre ofwater level of well;
•- - (C the other relevant Dtctors.
. - (6) The Certificate of Registration shall be in the form prescribed.
Until the Aithority intimates the decision rega ding grant or rejection ofregistration undersub-seëtion (1), every owner ofexisting well in. the nótifiedárca shallbeentitled to the continucd use ofgroundwater in the same manner as -before -.thedatè of application. -- -
I - (8) Incase a registered well becomes unuseful; the owner shall
inform the matter in writing to The Authorityünincdiately. -
-. '9. RegistraUqu of user of Ground Water.—(l) All users of ground Water in \the State shallwithin one hundred and twenty days from the date of constitution
ffhe Authority, apply to be registered with the Authority as a user of gro-undwaterin theState and for grantof certificate ofregistratiorn
- (2) On receipt of an application under sub-section (!) the Authority shall, if satisfied that it hall not be against.public interest so to do, arant - registration subjest to the conditions and restrictions as may be prescribed,
- 'and issue a certificate ofregistratiofi or reject-the application:
7
Provided that no application for registration shall be rejected withou 'givinq the applicant an opportunity of being heard.
10.' Protection of public drinking water sources.—(l) Ndtwithstanding anything contained in this Act, no person shallwiihout the permission of the • Authority digwell for ally purpose within thirty meters from any drinking water source fir 'r4 where water is pumped for public putpose:
- Provided that the provisions in sub-section (1) shall not apply to the digging of a well for any drinking, water schdmc implemented by the
• Government or local bodies.
Every application for permission under sub-section (1) shall bert such form as may be prescribed and, shall be submitted to the Authoriiy with suclifees ag may be fixed.
On receipt of an application under sub-section (2) and if it is • satisfied that digging of well shall not adversy affect the pubiic drinking
water source, permission may, subject to such restrictions and condition' - • merttioned therein, be granted to dig the well for the purpose of drinking
Water or for aticulture: -
Provided that if the decision of the Autbority is not comniunicatcd to the applicant within ninety days from the date of application permission shall be deemed to have been granted and the permission so deemd to have been granted shall be subject to the laws in this regard.
Power to make changes to the conditions in the peimit or certjficate of regis-tratioz.—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 conditions, in the permit-or certificateofregistration, as the case may be, on technical reasons;
4 Provided that before taking st*b action, the Auihority shall ensure that no standing crops are damaged by this decision.
Cancellation of permit or cèrtificate of registration.—The Authority may, if satisfied on rece4pt of any information or on the basis of its own studies, that,-
the permit or certificate ofregista-atioli under this Act i¬ bases on facts;
the holder of the permit or certificate of registration has, without any reasonable cause, failed to complywitli the conditions subject to which the, permit or the certificate ofregistration has been issued, or has cpntravtncd any of the provisions ofthis Act or the rules made thereunder; or
331355,9 12002/MG. -
(c) a situation has arben.which warrauts limiting of the use orextrac tion of ground water in the area krourid the well;. - without prçjidice 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 ofpermit or certificate of registration an opportunity of beingheard cancel the permit or certificate ofregistration:.
Gjants from Slate Govirszment.—The Government shall, after due appropriation made by the State Legislature by law in this behalf, provide to the Ground Water Authority by way ofgrnts such sum of mopey as it, may consider necessary for carrying out the purposes of this Act.
Fund of the Ground Water Author4y. 7–The Authority shall, have a Fund to be called the Gronixd Water Authority Furd and,-
(a.) all sums of xnon4' teceived.by the Authority byway of grant, loan or otherwise frdm the Central or State Governments or from Financial.
jnstitutions;. :
(b) all :other sums U money received by, or on behalf 'of, the Authority; shall be credited to it. -
(2) The Ground Water Authority Fund shallbe'utiliSd for meeting C the expense of the activities of the Authority.
Powers of Ground. Water Authoritj'.—(l) The Authority shall inve pewer;— .
(a) to enter any property and to measure the quantity of Water located on the surfice of earth or under the earth;
(b) to inspect any well which is dug or beihg dug and the soil and other materials excvated therefrom; - .
(c) to take samplcs.ofsuch sU or other materials orwâterextracted om such wells;
to require, by order in writinE the persons digging aweil to keep add preserve in such nnnèr as ahá)Lbe prescribeØ,- the samples of oil or mterials 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;
to examine and take copies of the relevant records or docu-inentsand for obtaining any infoxnation required for the implementation of the objects of this Act, 'to ask any question on matters including thç 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 diggin'ofwe11 and the quality ofwater found-out;
4
-S 4-
4 . *
S -
(1) to-iquire en it is nece instrument initnywater Su
proper use ofwatcr ththere is reason to believe that the useris not complying the provisions cont'ined its Quis Act or to protect public interest;
C - .(g) to seize the equipments and instrumehts used for upauthoricd.
digging and to destroy partially or completely thework done;
(h) to require arty useqfgouud wate who does not comply with .tht provisions of this Act and the rules zi2?Thereundcr, to stop any water
upply or to destroyany hydraulic workwhich is found unauthorisedas per the -provisidns tf this Act and the rulesmade thereur,4er; - ..
- (i) to enter and search any place, with such aSsistance is is deemed
necessary, if there is reason to believe thatan Offcnc under this Act has been committed os' is bein'g committed and to order in-writing the person, who has committed or is cothmitting the offencc not to use the g'ound water for a specified period not exceeding ,thirty days; .
• . . - to take pecessary steps to preveflt the installation ofdrainagc
pipes etc. affecting the watei sources and to prtvent depositing of waste P.
materials in the surface-water sources if itis-likel3 to affect the groutwater sources;-
to exercise such other powers that maybe iecessary for the iiiplemeptati6n of the pbjccts of This Actor the rUles im.de thereundcr.
a . .. . (2) The Authority shall perform sucjt uiinctions,. as my'be assigned
by th Govçrnment from -time to time in accordance with the objectives ofthis Act. rn (3) In case svhe ady user of ground water makes any dethlt: in ddinganyactasrequfred by the authority inexercise ol the-pç.wrsurdcrsub- sectioh'(l), the authority shall have powef to perform such 'ct directly and to realise the expense incurred in that behalf Irem thai person in such manner -- .. t ,.,,L_J as may oe ,pLtscrLlJcu. - I
(4) The proviins of the Code 6 f. Crimina] Procedure, 1273 (Ccntral Act 2 of1974) shall, as far aspossihle,apjly to any seirch held or seizurç made.
• unthr this Act. - -t
•
• (5) Where the authority seizes, any machinery. o+ instrument under clause (g) gfsub-se.ction'(l), it.shall as soon as may be within ten days
- TCpot. to a inagistratc-and-t4e his ordtr for the custody of the same.:
- 16. Implementation of brders,etc.—.Every order under section 1 shall be furnished to the ier ip such manner as-may be prescribed.
a
4. -
p.
Is - . •I . -. -I •' .4
10
J3elegation of powers and dutzes.—The Authority may, by general or special order in writing, direct that all or any of the powers and duties to be exercised or perfoimed byit shailbeexercised orjerformed bysuchemployee of the Authority under such circumstances and on such conditions as may be specified qerein. C'
Members au ..loces of Ground Water Authorit) o be public servants.-All meebrs and employees of the Authority while acting or purporting to Act undift the provisions of this Act or any rules 'made thereunder shall be deemed to be public scrvnnxs within the meaning of section 21 of the Indians Penal Code, 1860 (CentralAct 45of 1860) ;
Protection of action taken in good faith.—No suit, proseciifoh or other - legal proceedings shall lie against the Government or Authority or any -
officer of the Government 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 Actor the rules made thereunder. -
Cognizance of offences and Triat—No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts consituting such offence submitted with the prio? permission of the Secretary of the Authority.
?enalties.—( I) If any owner or user a well contravenes anyof this provisions of this Act or Rules made thereunder or fails to comply with the rules, in furnishing any information in the manner prescribed, he shall be punishable,— -. . 4
with fine which may extend to five hundred rupees for the first offence; and
with fine which may extend to one thousand rupees for the second and subsequent offences.
(2) II foi the unauthorised digging or construction or use of wells any user of ground water or theowner of a well;-
(a contiavenes any of the provisions of this Act or the rules made; • thereunder or fails to comply with the same; or
(h) obstructs the Authority or-any other person auttorised by it exercising any of the powers under thisAct, he shall be punishable,—, -
- (i) with fine which may extend to two thousand rupees for first offence iind - -
(ii) with imprisorniientupto six months or a fine which may extend to ten thouband rupees for the second or subsequentoffences. .• -
* 11
22. Compounding of ofences.—The Authority may itt. such manner as may be pxescribed, compound any offence, under this Act which is liable to be punished ii th a fine not exceeding two thousand rupees.
• 23. OffSets by Coniftanies.—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 cothmission of the offence and the company shall be deemed to be responsible
r the offence and shall be liable to be proceeded against and punished cordingly:
• 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 and connivance or attributable to any neglect on the part of any
• Director, Manager, Secretary or other officer of the company such Director, Manager, Secretary or other officers shall be deemed to be responsiblç for that offence and shall be liable to be proceeded against and punished accordingly. - - -
Rxplanation.—For the purpose of this section,-
'Company? means any body corporate and includes a firm or other association or individuals; and -
'Director' in relation to a firm means the partner in the firm.
Apieals.—( 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 actipn is taken or - the date ofcommunicationof that decision to him, and remitting such fees as may be determined, prefer an appeal to such
4 Authority as may be prescribed
Provided that the Appellate Authority may; entertainn appeal preferred after the.expiry ofthe said period ofthirty days ifit issatisfied tim t the appellant had sufficient cause for not filling the appeal in time,
(2) On receipt of-an appeal under sub-section (1) the Appellate Authority shall dispose of the appeal as early as ossible after giving the appellant a reasonablç opportunity of being heard.
Accounts and Audit.—(l) The Authority shall-maintain true and proper accounts and other relevant reco±ds and prepare an annual statement and a balance sheet containing accounts of income and expenditure in such fo?m and in such manner as may be prescribed. - -
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.(2). The accounts of the Authority shall be inspected and audited %n accordance witl,t the provisions of the Kerala Local Fund Audit Act, 1994 (14 of 1994).
• (3) The accounts of the.. AuthoritV as audited and certified together, with the audit report thereon shall he forwardeçl annually to the Government and the Government shall, as early as possible cause the same to be laid before the Legislative Assembly. .
Removal of dfficulties.—(l) If any difficulty arises in giving eff4b.9 to the provisions of this Act, the Government, 'may by order, do anything npt inconsistent with t'e provisions o.f 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 ycars fr9m the date of corumer cement of this
•iCt. . . 4
(2) Every order iisued wider sub-section (1) shall,be laid, as spon as may be after it is made, before the Legislative Assembly while it is in scssion for a tota tperiod of fourteen days which may be comprised in one session or in twosu.ccessive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly make any'modification in the order or decides that the order should not be jssned, the Order shall thereafter have effect only in such mddifled form or be of no effect as the case may be; so however, that any such modification or annulpient shall be without prejuicc to the validity ot anything previously done under that order.
Power to make. rules.—( 1) The Govertiment :may, by notification in the Gazette, make rules tacarry out the provisions of this Act.
(2) In particular, and without prejudice to the generlity of the foregoing power such rules may provide, for the following matters, namely:-
service conditions of the members of the Authority;
procedure for convening Meetings of the Authority and other m$ters anpillary thereto;
powers and functions of the Secretary at the Authority;
(4) duties and service condi€ons Of the staff of the Authority;
(e) any other manne tr of issuing notification under sub-section (3) of section 6;
format of application fojth, permit and - the certificate of registration under various sections of this Act; -
mode of keeping and maintaining samples of soil and other materials as per clause (d) ofsub-section (1) of section 15; -
4for specifyiitg the Appellate Authority and .the fee payable along with.the appeal memorandum uridersub-section (I) of spction 24;s.
-- .
(1) any other matter which ii required to be, or may be preacribed.
(3) Every rule uiade under this Act shall be laid as soon as may be after It is made, before the Legislative Aseinb1y, while it is in session, for a totalperiodof fifteen days\vhich may be comprised in one session or in iWo successive sessions and if before the expiry of the seision 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, thç rule shall thereafter have effeet only in such mod ified. form or be of no effe4 as
•. the case may be; so,however, that any such mo&ficatiort or annulment • shall be without prejudice to the validity of anything frey ipusly done under
that rule. .
* . 'Ihe Kerala Legishitivc Assembly passed this . Bill on the 1st day of Aügizst, 2002. - - . -
0 I
raLg,rw &NU rlzIfllaD BY THE SUPERINTENDENT OP GOVLRNMkt(T AT THE QOVERNMENT CENTRAL PRESS, TH1RTJVANA.STHA1JRAM1.
0 K/TV10042 t
2002
KERALA GAZETTE Gd,C3 wntoO°
EXTRA ORDINARY.
a CU3C)6n H
-- PUBLI&dEI) BY AUTHORiTY sip. u'omfla.toi. 1n4cn1B 0W-jSt5mWflI
-4
• 1 Tblnzvanantb.puram, 24th September 2002
vanvu Tuesday 2002 OC1UrUUOOoWd( 24 No. • . 1390
(%iO2J. 47 1 2nd Asviva 1924 mmic
• J
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20248/6)aiCD.. 2002 24
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cqgcxmlaJo aam(mmlmu cruernalamo - acmooloolaaeo axmal az0 aom °inamo $l naonl oola,fieei sig6xmal aJ cm 0cnthl cxnQ ctoO° nlwrn&e&!JaaQa egcmløa)l 3236)Ø)oCb a iOflDla34nllCS-cnscusl co aiajnna(tcma oo ml o nsnjs1aao ml wmhuas)cTmmJ.
20. a000@s msnisl s&eeJ, culajam sm o .Lgc &'oo° tdJce'a(! • )a63n)3b ayoaj0 øccaalooles etmLa,5oles nal cw nooeAasasl cmmcaJlas2cm &OOo ffl)Q6flJCflWTAJ cucm0(czy)a%es aCtha1aioa2 Sl 01ft051 na cu) cwwj ma • aaasufl o- an cLIasQJ. • •
ft . •
Ito. 2mmmoiluDiacroammoos.
;13'.
21. 'uDlaai.%oo.—(i) necmm,1aj6o 4,1eo1,r& psmau0mamo , poi COc%°W1OOJD ml(3J1 6) (D1& 1)1 ai QJ1OJCD a mcLoacm &3(b3tt1Th1
th°Ofl16)C1k) n6)(mm1eJ6o - (mic4 a1wTh 6Tg3c8QlY osm,m,1ei2,,, nJo - Si oaei1 raaQo 6js,l3 cBQJ nJoQi1o9eCm&m ° afl w°& wmumiawwo ei °mn-, nLJomm 26,-.--,
- S. R. 0. No. 59/2004.—In exercise of the powers conferred by section 3 of Kerala Ground Water (Control and Regulation) Act, 2002 (19 of 2002),. the Government of Kerala hereby constitute the State Ground Water Authority with effect from the 15th day of January 2004 consisting of the fbllowing members, namely:-
(I) Secretary, to Government, Water -
Resources Department, Government (airnan ofKerala
Secretary to Government, Finance'
Department, Government of Kerala Member
Secretary to Government, Local Self Government (Rural Development) -
Department, Government of Kerala Member
33/422120041MC 'I-
4
2
4) Director; Ground Water Department, Kerala Seereta
(5) Sri JR. B. Ganesh Kumar, M. L. A. Member (Nominated under item (a) oiclausc (v) of section 3(3)
(6) Sri .Johny Nefloor, ML. A. Member (Nominated under item (a) of clause (v) of section - 3(3)
(7) Dr. M. Nazimuddin, Head, Ground Member Water Division, Centre for Water (Nominated Resources Development & Manage- under item ment Kwrnamangalam, Koghikode (b) of clause
(v) of sectioa 3(3)
(8) Sri Gopalakrislnian Thandorappara, Member Member, Koothali Grama Panchaya t (Nomina!ed Thuidorappara-P. 0., Kozhikdc under ifrnl
(c) of clause (v) of section 3(3)
(9) Sri Mathew Joseph, Member, Member Municipal Council, . (Nominated Kothamangalam under item
(d) of clause (v) of section 3(3)
(10) Sri N. 0: Sajeevan, Nellippillul Member House Kalloorkad, Muvattupuzha Nominated.,
under item (e) ofclause ('0 of sec- tion 3(3)
S
1 1) Suit Rosamma Chacko, ICulangara, Member Mamoottil, Edathua-P. 0., - (Nominated Atappuazha . under item
(flof clause
H (v) of sec- tion 3(3)
(12) Sri (1 Mohanan PiHai$ Member
• ,. Xrishnakriça, PodiyattuvilM-P. 0.
W Valalthm, Reliant under item (g) of clans - - (tr) ofsection 3(3)
(13) Sri George Kunnapuzba, 'Member ?ullad-P. 0., Thiruvalla Nominated
I - under item (h) of clause (v) of section 3(3)
By ordef of the Governor,
K.J. MATUEW,.
Prineifli ty to Gover,rne.-d.
Explanatory Note
j . (This does not form part of the notification, but is intended to indicate its general purport.)
Sub-section (1) of section 3 of. the Rerala Ground Water (Control and Regulation) Act, 2002 (19 of 2002) empowers Government to cen-stitute State Ground Water Authority, with the members specified in Sub Section (3) ftieteof, Government have decided to constitute the said Authority with the members specified therein.
This notification is intended to achieve th 'above object.
PRINTED AND PUBliSHED BY THE $UPERINTENDENT OF GOVERNMENT PRESSES AT TEE GOVERNMZNT CEKflUL PRESS, THIRUVANANTRAPISAM. 2004.
I
.1
p.
Government of Kerala ,_-z$! ~r. Reg No øc1 mcnir3 •
. 0thO 3( . II1M41 KIJfl'('N)112/12-14
2012 1
. KERALA GAZETTE (fXfl)06
ErrORD1ARY. (mb(i1)0W0(6TDo
• . PUBLIShED BY AUTHORITY dTdJ1a,oø1,oR tnt1aujsimmø
S. R. 0 No. 75/2012--In eXerCiSe of the poers conferred by sub-section
(1)-of section 3 of the Kerala Ground Water (Control and Regulation) Act, 2002
(19 :° 2002) read with iteths (a),- (c), (d), and (h) itspectivcly of clausd (V) of
sub-section (3) of section 3 thereof, the Government of Kcrala hereby nominate
Adv. Mans-Joseph MIA, Kaduthuruthy, Sri V. A. Benny, Vadakkancherry
Grania Panchayath Mcrber (Vallayil 1-louse, Kanakkcnthuruthy P. 0.,,
Vadikkaneherry, Palakkad), Sri A. Azeez Master, Member, Koyilandy Municipa1it - -
PRINTED AND puliusilEa BY THE SI,JPERJNTE$DENT OF GOVERNMENT PRESSES - - -
AT GOVERNMENT CENTRAL PRESS, TIIIRUVANANTIIAPIJRAM. 2012,
33/55412012DTP., •. - . --
N
2
(Alif, Beach Road, Koyilandy) and Sri. N. Raveendran, Environment Activist
(Kavanal House, Kolani P. 0., Thodupuzha) as members of the State Ground
Water Authority and consequently make the following further amendment to the
notification issued as G. 0. (P) No. 23/10/WRD dated 26th April, 2010 and
published as S. R. 0. No. 453/10 in the Kerala Gazette Extraordinary No. 1117
dated 10th May, 2010, namely:— - -
- AMENDMENT
In the said notification, S • (i) for serial number 6 and the entries against it, the following serial number
and entries shall respectively be substituted, namely:--
"6. Adv. Mons Joseph MLA, Kaduthuruthy .. Member [Nominated
under item (a) of -
- clause (V) of
section 3 (3)]"
(ii) for serial number 8 and the entries against it, the following serial number
and entries shall respectively be substituted, namely:--
"8. Sri V. A. Benny,
Vadakkanchery Grama Panchayath
Member (Vallayil House,
Kanakkenthuruthy P. 0.,
Vadakkancherry, Palakkad)
Member [Nominated
under item (c) of
clause (V) of
section 3 (3)1"
(iii) for serial number 9 and the entries against it, the following serial number --
and entries shall respectively be substituted, namely:-
"9. Sri A. Azeez Master, .. Member [Nominated Koyilandy Muntcipality Member, under item (d) of
- (Alif. Beach Road, Koyilandy) clause (V) of
section 3 (3)1"?
- (iv) for serial number 13. and the énthcs against it; the fo1lo'ing serial nuniber and enirids shall respectively be substituted, namely:-
'I3. Sri N, Raveendran, .. . .. Member [Noniinated • Environmental Activist, under itS (h) of
Kavanal house, , . - clause'(V) of • . Kolani P. 0., Thodupuzha. . . section 3 (3)]"
• 4 .. . ' By Order of the Govembr,
• . . . . .. . . . V. J. .KURLAN, PricipaI Secretary to Government.
Explanatory:Note
(This does not-form part of the notification, but isintended to indidate its general purport.) .• .
Sub-section (1) of section (3) of the -Kerala Ground Water (Control and Regulation) Act, 2002 (19 of-2002) ethpowers the Government to constitute the
tate Gr6un'd Water Authority, with the members specified in sub-scetion (3) thereof. The Government have reconstituted the StateGround Water Authority
.per,NOtificationG. O..(P)No. 23/10/WD dated ;26th April,2010 and blishdd asS. R. 0. No.453/2010 in the Kerala Gazette Extraordiniry No.1117
dated 10th May, 2010 and further amended the same as per Notifiation C. No. 18107/GWI/10/WR.b dated 30th August. 2010, publihed as S. It- O.No: 878/
2010 in the Kerala Gazette -Extraordinazy No. 2070 dated 9th September, 2010, and as per Notification No. 30815/GWI/10/WRD dated 7th February, 2011, published as S. R. 0. No. 170/2011 in the Korala Gazette Extraordinary No. 470 dated 28th Febtuary, 2011 with the members specified therein. Since Sri A. C. Moideen,
--Member nonii,hated under, item (a) of Clause (V) of. Section 3 () is not a - - Member of Legisiative:Aisethbly at present; Government hav decided to
nominate: Adv. Mons Joseph MLA, Kaduthuruthy in that place. Government have -also de'ided tonominate Sri V. A. Benny,- Vadakkaneherry - Grama Pànchayath -Member VallayilHoüse, Kanakkenthuruthy P..0.,
r
-V •.. H • . -•
.
El Vadakkanchrty, Palakkad), Sri A. Azcez Master, Koyilandy Municipa1it' Member (Alif, Beach Road, Koyilandy) and Sri N. Raveendran, Environmental Activist (Kavanal House, Kolani P. 0,, Thodupuzha) as members of the State Ground Water Authority under items (c), (d) and (h) respectively of clause (V) of section 3 3) thereof by making amendment to the notification issued under G. 0. (P) 23/10IWRI) dated 26th April, 2010 and published as S.R.O. No. 453/2010 in the Kerala Gazette Extraordinary No. 1117 dated 10th May, 2010.
The notification is intended to achieve the above object.'
- S. It 0. No. 116/2007.—in exercis&of the powers conferred by sub-sFction (1) of section 9 of the Kerala GrounthWater (Contrbf and Regulation) Act, 2002 (Act 19 of 2002) and in -supersession of the notification issued under G. O.(P) No. 48/2006/WED dated th3 ith Augñst 2006, published as S. R. 0. No. 598/
2006 i the Kerala CioUlMoPExtrdordinary 4o, 1333 dated the 16th August, 2006, the Government of terala hereby notify that every user of ground water in the State, that - is, those who pse ground water from a pumping well, fitted with puthp drivenbyn electric motor or-oil engine for pumping water other than open wells fitted with pumps driven by engift.. or tntor of Borse Power upto 1.5 and tube Wells, bore wells and dug-cum bore well fitted with pumps driven
33154012007/DTR
H
by engine or motor of Horse Power upto 3, shall apply to the Ground Water Authority for registration as a user of gromid water and for the grant of certificate of registration within one *ar from the date of this notification.
By order of 'the Govertior,
SAYAN CHATTURJEE,
Principal Secretary to Governmen•
Explanatoty Note
(this does not form part of the notification, but is intended to indicate its genera! purport.)
As per sub-section (1) ofsection-9 of the Kerala Ground Water (Control and Regulation) Act, 2002 every user of ground water in the State shall, within such time as may be notified by the Government, app!y to the Ground Water Authority for registration as a user of ground water and for the grant- of a certificate of - registration. Government have decided to fix the time--lithit as -one, year from the date of this notification:
This nytificàtion is intended to achieve the above object
- PRINTED ANt PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THMDVANANFHAPURAM, 2007-
•°
oovernme!of Kerala _ft 5 Reg. No. cb1. mniã
• KUFV(Ny1Z/2000-2008 2007
KERALA GAZETTE • ac%(D@ wcroo6 • ' EXTRAORDINARY
(mb(ThOWoWGTflo
PUBLISHED BY AUTHORITY w1ao61ea3i LnJcn)1ausaw!mtn)(th
Thhuvanauithapuram, 9th February 2007 Vol. LII I Friday 2007_ennnioio1 9 No.
No. 191 14/GWI/06/WRD. Dated, Thiruvananthapuran:, 3rd February, 2007. ' S
S. K. 0. No. 124/2007.—lit exercise of the powers conferred by section 3 of the Kérala Ground Water (Control and Regulation) Act, 2002 (19 of 2002), the
4iovemment of Kerala 'hereby reconstitute the State Ground Water Authority with effect from the date of notification consistifig of the following members, namely:-
Secretary to Government, ... Chairman Water Resources Department, Government jof Kerala. • I
Secretary to Government, ... Member Finance Department, Goveinment of Kerala.
33157312007/OTP.
PI
Secretary to Govenutent, Local Self Government (Rural
- [J!evelopment) Department, Government of Kerala.
Director, Ground Water Department, Kerala.
Shri A. A. Azeez, M.L.A.,
Kalliyilazbiknthu Veedu, VadaklEumkara East, Urnayanalloor Estate P. O., Kollani.
Shri A. C. Moideen, M.L.A. Wadakkancheny.
Shri C. N. Sasidharan, 'Th;amS', Jawahar Junction, Pattathanam, K-ollam.'
Shri K. Pradeepkumar, ?1ylarn Grama' Panchayath Member, Kottarakkaia, Koflam District. (Kuttara Veedu, Ambalam Junction, Mylam P. o., Itottarakkara, Kollam)
Shri V. S. Ratheesh Potti. • Councillor, Attingal Municipality.
(Kokicattu Madam, ikttingal).
Shri N. Uthaman, Katta'athu Veedu, Mathiaka Nagar-66, Ka1lunthazharn P. 0.,
Kollani-69 1 004.
Member
Sectetaty
Member [Nominated under item (a) of clause (v) of section 3
Member [Nominated under item (a)
'ofclause (v) of section 3(3)]
Member [Nominated undet item (b) of clause (v) of section 3 (3))
Member [Nominated under item (c) of clause (v) of section 3 (3)]
Member . [Nominated under item (d) of clause (v) of section 3 -(3)]
Member [Nominated under item (e) of clause (v) of section 3 (3)].
S
Smt. K. Cicily, ... Member
Souparnika, [Nominated under item (0 Vadakkevia P. 0., of clause (v.) of section 3 (3)]
Kollani-691 010.
Shri V. S. Madhavari Nair, ... Member
NampraseHl, [Nominated under item (g)
Perunna, Changanacherry, - of clause (v) of section 3 (3)]
Kottayam-686 101
ShriFaize, S., .. Member
'p Ecologist, [Nominated tinder item (h)
R-2, Soundar Raj Apartmeiits, of clause (v) of section 3 (3)]
Nandavanani,
Thiruvananthapurarn-3 3.
Lsa
By order of the Governor,
SAYAN CHAT-ThIUEE,
Principal Sectetary to Governmnt
Explanatory. Note
(This does not form part of the notification, but is intended to indicate its general purport.)
Sub-section (1) of section (3) of the Kerala Ground Water (Control and Regulation) Act, 2002 (19 of 2002) empowers the Govermnent to constitute 'State Ground Water Ai\thority with the members specified in sub-section (3) thereof. The Government have decided to reconstitute the State Ground Water Authority with the members specifiec( therein.
The notification is intended to achieve the above object.
0. No. 170/2611— eiee of the*powers confed by b-section (1) .cSEtof.the.Kerala:Gfod:war -(Control and RjuláfiAcj, 2002 (19 of 2002) read with it&IV(ófliTd(d) bfclause (v) of sub-se &f(35 f ;d 3 tlieTeof, the GovernmEiu 6fkeaia hereby nominate Sri AiiiI Kumàr,
tollam (Kiree1±Mthu Véèdü, • Kulangarabliagom, Chavtira B. P. 0-691 583) and Sri P. Raju,.Councilor,
Karunagapally MUnicipality (Maniyanpallil, Maru: South, Alumkadavu P. 0., Karunagapally..690 573) as Members of the State Ground Water Authority and
- consequently make the following further amendment to the notification issued as G. 0. (P) No. 23/2010/WRD dated 26th April, 2010 and published as
33/874120111DTP.
2
S. B.. 0 No. 453/10 in the Kerala Gazette Extraordinary No. 1117 dated 10th May,
2010,
-. . AMENDMENT
in the said notification,—
(1) for serial number .8 and the entties against it, the following serial nuthber
and entries shall respectively be subtituted, namely:-
(This does not form part of the notification, but is -intended to indicate its
gexieral purport)'
Subsèction.(1) of section 3 of the Kerala-G?ound Watt: (Control and Regulation) Act 2902 (19 of 2002) empowers the Government to constitu'te Sthte Ground Wáte Authority with the members speoified in sub-section -(3) thereof.
The Government have reconstituted the State Ground Water Authority as per.
-- - --_NotitionG 0. (P)No. 23/1Ofl'RD dated 26th April, 2010 published as S. R. 0. -No453/2olOththeKenla Gazelle Extraordinary No. 1117 dated 10th -May, 2010
and fuither amended .the same as per NotfficatiniJ4 18107/GWI/10/WRD dated 30th August 2010 published as S ItO No 878/2010 in the Kerala Gazette ExtraordinFy No. 2070 dated 9th September, 2010 with the mevibers specified
• therein. Since Sri K. Pradecpkumar, Member, Mylam Grama Panchayat is not a .Grama P.anchayat Member at present, Government have decided to nominate Sri Aâil Kiiinat, Grama PanChayat Member, Chavara; Kollam-(Kareelezhathu
Seddu, Kulangàfabhagom, Chavara B. P. 0,-691. 583) in that place. Since the
•
place of Member of Municipal Council to be nominated tinder . item (d) of
clause (V) of sub 7 section (3)- has been vacant, Government have decided to • .- - .Municiuiality;.XManiyanpallil,
• Mat r:South Alumkadavu P.O.,, Karunagapal1'-690 73) in that place. To
• iricorporate.thc naMe of the member representing the !MwiciR?l•Ppunc1l hext to the name'ofthë member representing Grama Pànchayat, in the original
• notification, S. R. 0 878/2010 the re-numbering of the serial numbers therein is aiso
• . .becathC necessary. - •. - The notification is intended to achieve the above object. - -
pRINTED AND PUBLISHED BY TIlE SUPERINTENDENT or COVEIWMENT PRE.SSES Al THE GOVERNMENT CF.NTRAI. PRESS. ThIRUVANANTIIAPURAM, 2011.
S. R. 0. No. 25612004.—In exercise of the powers conferred by sub seëtion (I) of section 27 of the Kerãla Ground Water (Control and Regnlzition) Act. 2002 (19 of 2002), the Government of Kerala hereby make the follow'ing rules. namely:— - - •. -- - - -. . -
- -RULES
1. Short title and conznience;nent.—(E) Tliese rules may be called the Kerala Ground Water (Control and -. Regulation) Rules. 2004 -
(2) They shall come into force at once.
2. -Defrnitionx--(l) In these mles unless the context otherwise requires,-
Act means the Kerala Groundwater (Control and Regulation) Act. 2002 (19 of 2002 ). --
• - (b) agenda means the list of subjects to be discussed in the meeting of the Autliontv.
- (c) Governnieni means the Government of Kerala. - - - - -
inecting mans any ordinary or.extraordinah'.nieeting ofihe Authority. -
Chairmaii means the chairman of the Authority appointed as per the provisions of the Act:
(I) Secretarv means the secretary of the Authority appointed as per the provisions of the Act.
(2) Words and expressions used in these lutes. but not defined shall have the respective nieanings assigned to them
inthe Act
3. The lime and place ojrneeting.—(l) The Authority-shall meet at least once in two months. The -Secretary shall
decide the time and place of ihenleeting after discussion with the Chairman. - -
- (2) The Chairman shall preside over the meeting In the absence of Chairman, the members present may elect
one among themcelve to preside over that meeting.
(3) The Secretary may convene an extraordinary meeting of the Authority with the permission of the Chairman if
- at least three niembers of the Authority make a written request thereof. .
4. Intimation regarding the ineeting.—(l) The Secretary shall at least ten days before the date fixed for the meeting.
give notice to all the members speciMng the place, date and time of the meeting. The agenda and notes of the meeting
shall also be given to the members along with the notice. In addition, the Secretary may in cases of emergencç convene a - -
meeting with the approval of the Chairman by giving three days notice. These notices shall be sent either by post or through
- amesscngr. (2)
With the perrnissioil of the Chairman, any urged matter not included in the agenda may be placed for
to undertake woths-for the normal day-to-day functioning of the, Authority:. -
to -anction expenditure in connection with the Atithoritvs functioning:
- (iii) to call For and approve tcndcrs for the purchase of materials for the Authority. -
13. Funds ut/liSa/ion (f/lie .-i nthonty.—The Authorit may utilize its find for the following purposes:
Travelling cxpcns of the members of the Authority;
Sitting fee for non official membcis of the Authority: - . -- -
Expenditure related to the meetings if the Authority; -
• - (iv) -: Stationery required for the Authority.
(v) Theexpendituré incurred by the. Authority while exercising its powers tinder the Act: - -
• (vi) !05t of purchase and repair of instruments xequired Ior.scientific studies related to the AuthoriiYs.WOrlc -
(vii) Expenditure for purchase of vehicles required by the Auihorit'v ancfthe cost of diesel and repair charges of, -
these vehicles;
('iii) - expcnditure for purchase of furniture, computer. pholocopiers, typewriters and other office ecfuipment
required by the Authority:
(ix) the expenditure for payment of telephone, electricity and trater charges of the Authority.
- -
- -,
/ . iv for granting pen??!! J?r digging new u -eU in nail/led niva;—Tii apphicatioft 1di7 -gettitig a permit for -
fr—igging new well -shall be given in Form No.1 to _ in the
individuals or Rupees One thousand in the case of commercial and industrial Sabhishnients has to be remitted to the -
Authority along with the application. Tl1e'Authtorit shall' issue a reecipt to the applicani far. the amount remitted Even'
application should be'acknowiedged by the Authority in the form prescribed in Form No.3. On receipt of an application.
a groundwaier scientist deputed by the Atitliority: should Visit the concerned pladc an& after studying the geology and
- existing groundwater conditions of the area. give an investigation report with recommendations. If found necessary.
geophysical survey may also be done in addition to the hvdrogeologicai sun -ct The Authority will have the power either to
'isSUe the pennit in Form No.4 or refuse it in-Form No.6 of'the files on 'the basis of the said recommendation.. In
granting of refusing the permit the Authoritv'shall consider the matters enumerated in sub-section (7) of section 7 of the Act
20
However, no person should be ItILISed a penuit without giving him an opportunitx of being heard. The reason for rejecting an application should be indicated clearlst The decision regarding the grant or refusal of the permit shall be communicated
to the applicant by the Authority in writing within ninety days from the date of receipt of the application. If such
mmunication is not made, the permit shall be deemed to have been granted to the applicant
IS. Prncec/ure for grant of pernut for converting existing. it into a pumping it in non/led area—The application for permit for converting an existing iiell into a pumping sveil shall be given in Form No.2 to the Groundwater
Aitthoritv. A fee of fifty rupees in the case of individuals or one thousand rupees in the case of commercial and industrial
establishments has to be remitted to the Authority along with the application, The Authority shall issue a receipt to the
applicant for the amount remitted. Evers application shall be acknowledged by the Authority in Form No;3. On receipt of .an noplication. a groundwitir scicrtrtsr Ueputed.bv the AuIhorit should visit the concerned place and, after studying the geology and existing ground water conditions of the area, give an investigation report with recommendation, If necessary,
geophysical suites' may also be done in addition to the ln'drogeological sun'ev. The Auilrority will have the power either to issue the permit in Fonu No.5 or to refuse it on the basis of the investigation report and after examining the niatters under
section 7 (7'). However. no application shall be refused without giving the applicant an opportunity of being beard. The
reason for rejecting an application should bc..indicated clearly The'decision regiirthng the grant or refusal of permit shall be communicated to tIre applicant 'by the Authority in writing within ninety days from the date of receipt of the application.
I',vcedure for regLvtral:on of existing ire/Is in notified area—The application for registration of an existing.. tvcll in the notified area should be given in the prescribed Form No.7 to the Authority within 120 days from th e
formation of the Authority. The application should bear 'a court ice stamp worth Rupees Five affixed on it. On receipt of the application, a groundwater scientist deputed by the Authority, should give his recommendation after considering the geology
and existing grotiudwater conditions of the particular area. II necessary, the said scientist can conduct a site, inspection. Tire - Authority shall, considering such recommendation and time matters enumerated under sub-section (5) of section. 8 of the Act. either-to grant or refuse registration. The registration certificate shall be in Form No.8 and the refusal thereof shall be in
Form No.9. l-lowever..no application for registration shall be rejected without giving the applicant an opportunity of being
heard. The reason for rejecting'an applibation should be indicated eleark. The decision regarding the grant or refusal of -.
pennit shall be conununiented to the applicant by-the Authority in writing within ninets' days from the date of receipt of the
- application. Until the applicant receives the eotnnuunication from the Authority he' can continue to use groundwater as
before the date of application. In case the owner fails to apply within the tre limit-specified and the Authority is satisfied
that there are sufficfent reasons for the applicant for not submitting the applieauonwithin the said time untiL it may entertain the application submitted therSiter.
Procedure fbi' regIstration as user of gmunthi'ater—Aii users of ground water in the State shall, within one 'hundred and twenty days of the Constitution of the Authority gicc an application in Form Nc. ID to the Authority for registration as a riser of groundwater. The application should bear a court fee stamp worth Rupees Five affixed on it. On receipt of the application a ground-water scientist deputed b Authority, shall give his recommendation after considering the. geology and existing groundwater conditions of the particular area. If tiecessar'.', the said scientist can conduct a site inspection. The Authority after considering the 'recommendation shall either grant or reQuse the registration. The
registration certificate shalt be in Form No.11 and the refusal shall be in Form No.E. However, no applicatioti for - - registration shall be rejected without giving the applicant man.opporThnhly of beink heard. The rciason for rejecting an - '\ applieatioa should be indicated'dearl.
- 18. Procedure for grant of permit for digging a well within thirty y;,etc-rs of any chinting water 'source fivrn which rioter is pumped j'r public pupose.—An application for pennission to dig a well within thirty metres from any existing drinking water source for public purpose shall be givcn'in the'. Form No.13 to the Authority. An application fee of five hundred rupees in the case o -f'individuals and fise thousand rupees in the case of conunercial and industrial establishments in the form-of demand draft drawn in favour of Seaeiar; Groundwatei Authority. Thinn'ananthapuranr should be'attached along' with the application. On receipt of the,appliention. the Authority shall depute a groundwater scientist,' and he shall visit the concerned place and, after kudying the geology and existing groundwater conditions of the area, give an investigation report with recommendations. if necessary, geophysical survey may also be done in addition to the hydrogeological survey. The - Authority on the basis or investigation report and recommendation, shall have the power tither to issue the permit or refuse it. The permit shall be in Form No. ia and the refusal shall be in Form No.13. U.rler.G the applicant is informed of the dthision within nhietv dzys of receipt of application, it shall be presumed th-.rt. perrniieu have been granted.
4
- 21
19 C onthtzonv and it stncuonc ii inc/i niav be cpeciJied in tile rcgistration certificate and permit —The following £ conditions and restrictions mav be specified in the registration certificate and permiL nantel -
(I) Limit prescnbed for daily groundwater use (Limit prescnbed for duration and rate of pumping)
(2) Distance between nearbs e\isting well and the ness well proposed to be constructed
- (3) Anv reason which makes it necessars that the location of the new well proposed to be constructed
/ - - should be in ins particular part of the applicani s plot
(4) Linut prescribed for depth and diameter in the case of both new well proposed to be constructed and e\lstlng well proposed to be deepened or. enlarged
- (5) Type of pump and limit prescribed for motor horse power
- (() Conthtion reg irding use of groundwater
/ (7) In addition to the aboe mentioned conditions any other cdndition taking into account the special charàctétistics of an area..
20.AIanner 'of keeping and prexeiving samples of soil and oilier inaterialx—Thc owner of the well shall: as per the • vritten instructions of the Authorit; collect and keep samples of soil, rock and groundwater-from different depths in the - • - ,We: well b6ng êonstnicted., and inlorm this matter to the Authority. Soil and -rock samples should be dried in the sun and
- tored in'plastic bags of-half litre capacity. with the depths of sample collection noted on them, for a period not exàeeding - -. three months. Groundwater samples should be collected in air tight one litre plas,tic containers (filled to the brim) and
-. - - presened away from direct sunlight for a. period not eceeding three 'months. The depth fr6m w'hich,the sample was -
-- - collected' should be recorded on the containers. Authority w w ill have the poer to bxaniine these sathples.
- •-.: ' - : -21. •tlanner of preferring an appeal to the a1-pel/aie authority—Any person aggrieved by the decision or action of the Authority under this Act may. within thirty days from the dale on which such action is taken or the date of
•comintiqiea(ion Of that decision to him, give a written appeal to the Government. Court fee stamp worth- five- rupees, should be affiSed on tbe Appeal. The appellate Authority may entertain an appeal preferred after the expiry of the said period of
Y thirty days if it is satisfied that the applicant has sufficient cause for not filing the appeal in time. On receipt of an appeal the appellate authority shall dispose of the appeal as early as possible afier giviñgthC appellant - an opportunity of being heard.
--
- 33/1486/2004/DIP.
1
22
Fortxi No, 1
KEPALA GROUNDWATER AUTHORITY -
- As per sub-section 2 of section 7 of Act) - [See rule 141
• APPLICATION FORM FOR PERMIT (For digging new well in notified area)
1. Name of applicant - - - -
2. :Address.
3 . Survey number of the area in which the well is proposed to be dug .' .
4: vllage 5, PanchavatlMunicipalitv/Corporatiotc
'6.BIock ..- .
1. Taluk : .
District -.
Type of well prbposed to be dug Open well/FilterpointlBore well/Dug-cum-bore welliTube-well/ Collector well/Infiltration gallen'
Diameter of well Proposed depth p
Purpose for which well is to be dug . lnigation/Cominercial/lndustn -/Public water supply (Drinking water/ Irrigation)
Extent of irrigated area (Incase of irrigation well)
Crops. to be irrigated :
Horse power of pump -
. Dailv water consumption .' .
(In ease of Commezdal or Industrial use)
Number of consumers (In case of public water supply— drinkingwater)
Place: Date : . , . •'- .• Signature of applicant.
(For office use)
I; Date of reeipt of application
2. Fee receipt number and amount ' . : - , .. -- '•
- -
- 3. Date of site inspection
• • 4. Technical report and .reommeñdation of the' : • ' • - . - '
groundwater Scientist who inspected the site - •
• /
- -'
- - - - Signature. -
• - .
5 E".act itason for rejection of application
6. . Detailed note on the discussión made with The. applicant in the case of- ''rejected - - -- H - - - - - - • -•
• - application. - - • - - . •.- - - - • -
• 7. Decision of the Authorit - - - - - - -
- Sign attire
.23
KERALA GROUNDWATER AUThORITY . [As per sub-section 2 of sectidn 7of Act]
: [Seeruiei5] H
- . - APPLICATION FORM FOR PERMIT (Cons ersion of e\istlng well in notified Irea)
* The Authority- mav for technical reasons, change, amend or modiI' the conditions mentioned in this permit. The Authority may cancel the permit, if there is sufficient reason to do so. . -
4
I 25
KERALA GROUNDWATER AUTHORITY [As per 'nb-section (4) of section 7 of Act]
-. ..See II:5.. .. ..... .. .... . :... ..H ..
ERMIT . . .. ... .
(Consersion of e'tistirig well in notified area) No
- I Date of receipt of application -
2 Name of applicant 3 Address
4 Surses number of the area in which the well is situated
3 Village Pancha atiMumcipaliti/Corporation
7 Block 8..Taluk 9 District It) Tspe of well proposed to be conerted Open sell/Fi1ter pointiBore well/Dug-cuin-bore w.elhlTube wellJ
- Collector well/Infiltration gallers I Purpose for which the well is used -
E\isting depth Pernuttcd new depth Enlarging - Existing dianieter Permitted new diameter -
- Conersion as pumping well Ts pe of pump permitted - -
Horsepower of motor Need for cons ersion
13 Decision of the Authontv 14 Conditions and resthctions applicable t
to this permit -
Place: . ....- Date
...... Signature
* The Authority may for techmcal reasons change amend or modify the conditions mentioned in this permit The Authoritv , may cancel the permit if them is sufficient reason to do so - - 4
-
I ------------------------------------------------------------------------------------------------------------------
* The Authoriw can, for tedmical-reasons, change, amend or rnodth the Conditions mentioned in this pennil The Authority - can cancel the certificate if there is sufficient reason to do so. • - ' - - - .
- .--.. --
KERALA GROUNDWATER AUTHORITY -
LAs per sub-section (3) of section 8 of the Acti . . . .
See rule 16 2
INTIMATION REGARDING REFUSAL OF REGISTRATION FOR EXISTING WELL (Notifiedarea) - ..
.... . ..
Hg . H.. . .... .. .!.
.H
No.. .-
L I
Date of receipt of application -.
- 2 Name of applicant
3 Address -
4 Sune number of the area in which the - -
ehi situates -
5. Village . --. - :- . .., .-.. i •- .
: .
6 PancIia aliMuIucipaIit\/Corporation -
7 Block - -
$ .- . ... .. . .... ...., .... .- .
Taluk - -
9 District
hi) 'Date of thsssion nth applicant - - -
This is to inform sou that sour application dated -. for registrauonof e1I is rejected
E id reason for rejection
- Place -
-Date
t•
.
-.
• -33/ i4b/2Q04/flTP. . . . - .
- . .• .. . - . . . .
. A
30
- - - Foi'No. ib - - - .
• - KERALA GROUNDWATER'AIJT.HQRITY -
[AS per sub-section (1) of sectioi 9 of the Act] - 3m1et7
• APPLICATION FOR REGISTRATION AS USER OF GROUNDWATER .
I Name of applicant
Address
•
Survey number of the area in which
theweilsituates •- -
- 4. Village . - -- •
- 5. Panchavat]Municipality/CorpOrTttion
Block : - • .
Taluk •• . - •
Dirict - -. - . •
Type of existing well : Open well/Filter point] Bore well/Dug-cum-bore well/Tube tll/
- - -. - Collector weil/inuiltration gailery.
- 10. Depth of the well - -
II. Diameter of well • - . . ..
I2 Purpose for \vhich well is used - - Domestic/lrrigation/CornmcrCial/lfldUStriaI/PUblic waler supply
• (Drinking water/Irrigation) -
Extent of irrigated area
• (In case of irrigation well)
Crops irrigated
Daily water consumption 45. (In case of commercial or- industrial use)
Number of consumers (In case of public water supply - - - -
dzinkingwater-
Other details
Place:
- Date - - . -- Signature of applicant -
Date of receipt of application -
Technical report and recommendatipn - . of the groundwater scientist
-. 3. Exact reason for rejection of
application (if rejected)
4. Detailed note on the discussion made with applicant in the case of rejected
application
- 5. Decision of the Authority
(For office use)
- Signature
Signature
1 -S
a - 4
777!lq
Fort\i No II
KERALA GROUNDWATER AUTHORiTY [As per sub-section(2) of section 9 of the Act
4 Seerulell I
REGISTRATION CERTIFIcJATE FOR GROUNDWATER USER
No-
1 Registration Number
2 Date of receipt of application
5pJ q Name of applicant
4 Address
k Wsun a
e number of the area
(K Village - -
7 Panchas atlMunicipallt\ /Corporation -
- Block
9 Tiluk
10 District
Tspe of existing well -
I Dethofwehl
.. - Diameter of well - - - in the case of energized well
: A.T1eofpump Horse power of motor .
UI Diameter of pipe -
15 Purpose for, which the well is used
With refercnce to your application dated ........... ....................... you are informed that your well has been registered P
subject tothe conditions and restrictions nenuoned below. If the registered well falls into disuse, the matter
should be informed immediatels in wntmg to the Authonts
• Conditions andrestñctions
2:
--
/
Signawre-i
The Authority mat for technical reasons; change. amend or. modify the conditions mentioned in this certificate. The
• uthoritv may cancel the certificate if there is sufficient reason to do so. •
L
- Fcii No. 12
KERALA GROUNDWATER AUTHORITY - [As per sub section (2) of section 9 .
See rule L7 .
INTIMATION REGARDING REFUSAL OF REGISTRATION AS USER OF GROUNDWATER
No.
Date of receipt of application
Name of applicant
- 31 Address . . . .
- H. ... 4. Surves dumber of the area
5.. Village
PanchnatRv1unicipalin/Corporation . .
Block
& Taluk . : . .. . -
9. District
- It). Date of discussion with applicant
This is to inform you that your application dated ... ...... .... for registration as user of groundwater is rejected for - the reasons stated below. - - - -.
Exact reason for rejection
Siznature Place: Date:
N
3-)
Fcncu No. 13 -. .
KERALA GROUNDWATER AUThORITY As per sub section (2) of section 101
Seemle IS- - . -•
APPLICATION FOR DIGGiNG OF WELL WIThIN A DISTANCE OF 30 METREs FROM . A ifRINKING WATER SOURCE WHICH IS PUMPED FOR PUBLIC WATERSUppLY
-: - - (Not required for open well for domestic purpose)
• ;H H J I. Name of applicant
2.. Address
3 Surv& number -
4( village S Panch is atiMumcipahrs/Corporition -
6. . .
Block ... .. . ..,. -
g7.ThIuk . . .
• :
8. Distiict 9.. Type of svell proposed to be dug . Open well/Filter point/Bore well/Oug-ciim-borew'elliTube selU
- Colketor well/Infiltration gallery 10 Diameter of well Ii Proposed depth of the well 12 Details of dnnking water source
pumped for public water supply - H ..
:
: .
.13. Purpose for which well i Doniestic/lrrigationlPubtic water supply (Drinking •water/
4 • tobedug ., . .... . irrigation) . . • . .. H
14. Extent of irrigated area .(In case of iri -igation xell) . . - . ..
. .. - -- H: IS. . ............
Crops to be - irrigated - • ,.. . C . ..
16: .
Number of consumers ..-. • -
• . - . . . H
(In case of public water supply— dnnking water) -
- 17 - Details of application fee remitted -
• - -- . ± .•
.-.
Pla: - . . . .. .. ... . . • H -: - . .
Date Signature of applicant
- jFor office use) . . ... . . ., H
tI Date of receipt of application - -
2 Date of inspection of site
3 Techmcal report and recommendation - .-
—
of the groundwater scientist who inspected -. the site wr
Signature -
4 E-uct mason for rejection of - - - -
application (if rejected) - -
5 Decision of the Authontv .. Signature
33/1486/2p041DTP.. .. - ... ..-:. . . -- .
A
Fomi No. 14
KELA GRQLD\VATER AUTHOmTY - . [As per sub sectibu (3) of section 10]-
- Seenileix
• PERMISSION FOR DIGGING OF WELL WITHIN. A DISTANCE OF 30 METRES FROM A DRINKING WATER SOURCE WHICH IS PUMPED FOR PUBLIC SUPPLY
14. Distande of, new well from the pubiic . •:- - . . - water supply-source
is; Purpose for which well is dug - - : Dornestic/lrrigatiortlpubljc water supply - - - - - - - - (Irrigation/Drinking) Decision of the Authority
- Conditions and restrictions applicable
- tothepennit
lace: Date Signature - -
* The Authority may, for technical reasons. -change, amend or modify the conditions mentioned in this permit: The •
- . Authority may cancel the permit if there is sufficient reason to do sb. - - -- --
- - -
35 -
F0R\iNI, 5 /
. i::: - -- -
¶ INTIMXrION REGAJtDENC REFUSAL OF PER%IISSION FOR DIGGING OF. WELL %VT11N
A DIStANCE OF THIRTY METRES FROM A bRINKING WATER SOURCE FROM WHICH WATER IS PUMPED FOR PUBLIC USE
1•
- I
£
{ -
1 Date of receipt of application 2
- 2.: Name of applicant
3 Address
. . . .
.
'40SuR -cv number -
\lllage-
• Panchaval/Municipalitu/corpoition - I 7. Block
& Taluk. :. -.
. . . . . .. . .
-District
below You . are informed iliai your application dated ............... for digging of well is rejected for ilte reasons noted
. . . . . . . . -
. E,act reason for- rejection
H.-:. Date
................................................
F.....
•1 By order of the Govethor,
-
D. ALOK SL.
Secretarj; to Goi;erpp,ent
Explanatory Note
(This doesn't form part of the notification, but is intended to indicate its general purport.) ..
The Kerala Ground Water (Control & Regulation). Act. 2002 ,(.19 of 2002) came into force we.f. 16-12-2003. Clause (0 under nile 27 of the act provides for framing rules for implementing the stipulations intlie ACt.
This notification is intended to achieve the abase object. .. . . . . . I
PIJNFED AND PL'tILISIiEf) HY TIER StPE iyrExr,ir OF Go'rkNN-r PICESSES • . - . Mi,:: AtTFIEGOVERNEE\ CENlltAj. Pgrss. 2004. -
ii
,emment of Kerala
Reg. No. o1. mmi
2009
KILkATTE
.
• .1 oRDrt - - -
- PUBLISRED By
I
I .
C ro .1fl29th2 \VcdneSdaY
2009a
.Cø .6 No. 1
- -
a, 823 T m
54 $ 1o °°'
•Ch v,Is,khS jq
GOVEMT OF KEALA
t te1 o!p3nm Water ReSOUrt
(cVOunt.a
• . NOTIFIcATIO\ -
6.0.
Dared. ThThLVaflaJIh3PYflIA 2OLhAP't 2OO
3$7I2oO91' exercise of cyr5ts confert
by
- g section (I) 0çetio ___K€raka. Gr@udYatet (Control and
Reli0) Act, 2002 (Act 19 of 2002) add inuPCV5
of the notiflC8t%0fl
• issued under.a 0. (P) Ni 21(2008 dà4 28th April, 20O S
o nIishS as
in the KSa dette EXU3OSSIY No. 87ô datk 3rd May, 2008,
the Govem,nt of KelaY 0t1fy that eveF of ground water the
fr Sia.e, that i8 thpsC who
from a pup3PiS ,vell, fitted with iumb dwatcT
'dthCn by an electhc motor or o&en&ne for pumping water other than open wellS
itS wh pum ddyen by engine or motor 91 Horse power upo- i and tube
ills, hor9 wells and dugCU welb fit(CdIth pumps drivn'hY engine or
I
4-
4.-
TiLl by engine or motor of Hoii Powéf --ti to:31thll piynihè Gróiii
Authority for ce&is'-aoa-as a UC€r ot groLnd a4er fdi-thcgrant of t
of registration on or before 31st May 2008 .
1.
QTM
• - --------------
•—
• - :- .
• _____
Yi#tr..t- t••---., ''-: . —'r5 -
-- • rC 1 '-:
2
, - ZS' flt - t".' • 7...
(This does noi form pjrCóf 'the'notificaI*. butis
- --- - ------------ ----- -- --------------
I_._-
general purport) •-
- - ._• _ t ' - cc
As per sub-section .( 1) of section Thof the Kerala Grouna Watet( - - -.
-- - ,), r. •- and Regulation) Act;2Q02 every user of gr9upt)vatcrJn the,,State:shU
• - - .• ----• such time as may be hotafied by the toverjment :PPY 10 tbe-Grgun4 Authotity for ce'rtificate of regisnüoh.. Goveth&t-be d6ddidTaflx'.the
• • ----- -- ."-tg, • -'• "S' '
before 31st May, 2008
The notification is
- - - - - -
• - -1
-
• - - .i:. - •-:; -- r. T4#t'qt'
• :.trtraL
- " r rt a
•' 44t:' - ....... • - • •: :C • - , - -
-- -
- •: •- •- I -
PRINTED AND-PUBLISHED BY THE sunanqre1DBwr OF covcnJMa4T PESSES'Z AT THE QOVERNMEINT F04TPAL PRESS, TUIRIJVAyANTHAPURAM, 2i -
S. R. a No. i8212014.----In exercise of the powers conferred by sub-section (1) of section 3 of the Kerala Ground Water (Control and Regulation) Act, 2002 (19 of 2002) read with item (g) of clause (v) of sub-section 3 of the said Act, the Government of Kerala hereby nominate Sri M. Bava, Thadathikudiyil 1-louse, Kavumgara P. 0., Muvattupuzha as a member of the State Ground Water Authority in the place of Sri V. S. Madhavan Nair, Namprasseril, Perunna, Changanacherry, Kottayam and consequently make the following further amendment to the notification issued as G. 0. (P) No. 23/10/WRI) dated 26th April, 2010 and published 'as
IS.R.O. No. 453/2010 in the Kerala Gazette Extraordinary No: 1117 dated 10th May, 2010, namely:----
* 33/2695/2014/5-21. -
2
AMENDMENT
In the said notification, for serial number ii and the entries against it, the
following serial number and entries shall respectively be substituted, namely:-
"11. Sri M. Bava, .. Member
Thadathikudiyil House, [Nominated under
Kavumgara P. 0., item (g) of clause (v)
Muvattupuzha. of sectièn 3(3)]".
By order of the Governor,
V. J. KURIAN, -
Additional Chief Secretary to Government.
xplanatory Note
(This does not form part of the notification, but is intended to indicate its
general purport.)
Sub-sdction (1) of section 3 of the Kerala Ground Water (Control and
Regulation) Act, 2002, (19 of 2002) empowers the Government to constitute
the State Ground Water Authority with the members specified in sub-section (3)
thereof. The Government have reconstituted the State Ground Water Authority
as per Notification No. G.O. (P) No. 23/10/WRI) dated 26th April, 2010
published as S.R.O. No. 453/2010 in the Kerala Gazette Extraordinary No. 1117
dated 10th May, 2010 with the members specified therein. The Government
have decided to nominate Sri M. Bava, Thadathikudiyil House, Kavumgara P. 0.,
Muvattupuzha as a member of the State Ground Water Authority in the place of
Sri V. S. Madhavan Nair, Namprasseril, Perunna, Changanacherry, Kottayam
whose term of office expired on 25th April, 2013, by making amendment to the
notification issued under G. 0. (P) No. 23/10/WRD dated 26th April, 2010 and
published as S R.O. No. 453/2010 in the Kerala Gazette Extraordinary
No. 1117 dated 10th May, 2010. .
The notification is intended to achieve the above ohject.
PRINTED AND PUISIISIWI) DY lifE SLJPERINUENI)ENT OF GOVERNMENT PRESSES - Al 11W GOVERNMENT (IN laM. PRESS. TIIIRUVANANTIIAPURAM, 2014.
Ciovcrnzncnt of Kerala - Rcg.No.KIJFV(N)/634t2015-17
2015
'4
cavoo (Dfltfl) KERALA GAZETtE
(mcn)3u)3(bGmo EXTRAORDINARY
w1a.o&a,aa1 Lcn)1aus)js)ncmaD
PU13LISHEI) BY AUTHORITY
2015 fl06W1 .6
6th July 2015 1190 MIMIMO 21
1649
Vol. IV J Thiruvananthapuram, 21st Mithunam 1190 No.
Monday 1937 (?ITnII3(0a 15
15th Ashadha 1937
GOVERNMENT OF KERALA
Water Resources (Ground Water) Department
NO'I'IFICAI'ION
G. O.(P)No. 68/2015/WRD.
Dated, Thiruvananthapuram, 1st July, 2015
16th Mithunam, 1190.
S. R. 0. No. .441/2015—In exercise of the powers conferred by sub-section (.1) of section 3 of the Kerala Ground Water (Control and Regulation) Act, 2002 (19 of 2002) read with item (g) of clause (v) of sub-section (3) of the section 3 of the said Act, The Got'ernment of Kerala hereby nominate Sri M. Bava, Thadathikudiyil llouse, Kavumgara P. 0., Muvattupuzha as a member of the State Ground Water Authority and consequently make the following ifirther amendment to the notification
3312759/2015/S-1 0.
3
cml bflJ(flCt)ni(bo, fll3flt, 4
2
issued• under G. 0. (P) No. 19/201 5/WRD dated 2nd February, 2015 and published as S.R.O. No. 67/2015 in the Kerala Gazette Extraordinary No. 268 dated 5th February, 2015, namely:-
AMENDMENT
In the said notification, after serial number 10, the ibilowing serial number and the entries against it shall be added, namely:-----
"11. Sri M. Bava, Member [Nominated under item Thadathikudiyil I-louse, (g) clause (v), sub-section (3) of Kavumgara P. 0., section 3J.". Muvattupuzha.
By order of the Governor,
V. J. KURLAN,
Additional Chief Secretary to Government.
Explanatory Note
(This does not form part of the notification, but is intended to indicate its general purport.)
Sri M. Bava, Thadathikudiyil House, Kavumgara P. o., Muvattupuzha was nominated as a member of the State Ground Water Authority vide notification No. 8983/GW1/12/WRD dated 18th June, 2014 and published as S. R. 0. No. 382/2014 in the Kerala Gazette Extraordinary No. 1635 dated 27th June, 2014. But, when the Authority was reconstituted vide notification issued under G. 0. (P) No. 19/2015/WRD dated 2nd February, 2015 and published as S. R. 0. No. 67/2015 in the Kerala Gazette Extraordinary No. 268 dated 5th February, 2015, his name was not included in the notification. Now, the Government have decided to include the name of Sri M. Iava, by amending the said notification.
The notification is intended to achieve the above object.
PRINIED AND PUBLIShED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES
AT THE GDVERNMENT CENTRAL PRESS. 1IIIRUVANA1CIIAPURAM. 2015.
4,
Government ofKerala
Reg. No./th. aXfli&
KIJrv(NY12/2003-2005 2004
KERALA GAZETTE. aa)o@ wcnxx5
• . EXTRAORDINARY To(fl)3WOø6VflO
PUBLISHER BY AUTHORITY (mc$1ao&a,aio)1 cnmMDQso)am:
Qz2hIoQiu eJa.4%o mbQQJflcnflCn QOO {mD6T1' 'D flJ1S€I3nJ<1)o.
p GOVERNMENT OF KRALA
Water Resources .(Ground Water) Department
• NOTIFICATION
G. 0. P)No. 37/2004/WRD. Dazed, Thiruvananthapuram,IOth June, 2004.
' S. R. 0. No. 597/2004—In'exereise of the powers conferred by su sectionS (I) of section. 27 of the Kerala Ground Water (Control and Regulation) Act,2002 (19 of-2002), the Goermnent of Kërala hereby make the following rules to amend the Kerala Ground'Water(Control and Regulation) Rules,-2004, issued as per Notification No. G. 0. (P) 17/2004/WRD dated the 16th March, 2004 and published as S. R. 0. No. 256/2004 in the Kerala Gazette Extraordinary
• No. 674 dated the 16th March, 2004, namely:-
RULES -
Sho,1 title and coinmen:ment.—(1) These rules maybe called the Kerala Ground Water (Control and Regulation) Amendment Rules, 2004. -
(2) They shall come into force at once.
Amendment of the rules—In the iCerala Ground Water (Control and Regulation) Rules, 2004-- *
(I) In rule 2, after sub-clause (f) of clause (1) the following sub-clauses shall be inserted, namely:— -
"pumping well" means a well lifted with pump driven by an electric .mátor or oil engine R'r pumping water but does not include open welts fitted with pumps driven by engine or motor of Horse Pàwer upto 1.5 and tube wells, bore wells and dug-cum-borewells fitted with pumps driven by engine or motor of l-[orse Power upto 3;
- (h) "digging" with all its grammatical-variations and synonyms, includes digging or drilling of new wells, putting in pipes or drilling, making tunnelor increasing depth or diamefti of the existing wells;
(i) "user of Ground ter" means any person using ground water from a pumping well for any purpose including domestic purpose;
3
5
W "Wet!" means any structure made on the surface of earth by any person, other than officers authorised by State Governme4lt or Central Government, for the purpose of drawing ground water for search, development, use or management of ground, water- resources and includes open well, dug we!l; borewe!l, dug-cum-borewell, tube well, storage well, infiltigtion gallery, but shall not include open well or dug well used for domestic 'purposes;"
.
3•. Amendment of the Forms—(i) In form No. 1, below "(for digging new well in notified area)" - -
"(permit not required for open wells and -dug wells used for domestic purposes)" - -
shall be inserted; and
(ii) In form No. 2, below "(conversion of existing well in notified area)"
"(Permit not rgquired for open wells and dug wells used for domestic purposes)"
shall be insertd; and
- (iii) hi form No. lO.—(A) after "Application for Registratioit as user of Ground Water"
"Applicablelo pumping wel!s only" shall be inserted; and I-
- (B) after Sl. No. 12 of the form, the fo!lowing shall be inserted as 12 A, name!y:— -
12 A. Details of pump:-
a (a) Type of pump:
Horse power of motor:
Diameter of pipe:
Electric Motor/Diesel Engine"
By order of the Governor,
DR. ALOK SHEEL,
Secretary to Government.
6 -
Explanatory Note
(This does not form part of the notification, but is intended to indicate its gener'al purport.)
It has come to the notice of the Government that doubts and complaints had arisen among the general public regarding the Kerala Ground Water - * (Control and Regulation) Rules, 2004.
. The Government have decided that it is necessary to amend the provisions
of thj.said Rules in the manner suitable to clear such doubts and to redress the complaints.
This notification is intended to achieve the above object.
0.
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PRiNTED AND PUBLISHED BY THE SUPEPINTENDEIT OF GOVERNMENt PRESSES AT THE-GOVERNMENT CENTRAL PRESS. THIRUVANM4T}{APURAP*4. 2004.
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Govçrnmentof Kerala Reg. No. ot mmiB KLITV(N)112/2003-2005
S. R. 0. No. 115512003.—ln exercise of powvrs conferied by sub-section (3) of section 1 of the Kerala Ground Water (Control and Regulation) Act, 2002 (19 of 2002), the Government of Kerala hereby appoint the 16th day of December. 2003, as the date on which the said Act shall come into force.
By order of the Governor. S
A: K. PARAMESWARAN.
Additional Secret1 irv.
Explanatory Note
(This does not form part of the notification, but is intended to indicate its general purport.)
As per sub-section () of section I of the Kerala Ground Watr (Conirol at4'I Regulation) Act, 2002 (19 of 2002), the At shall come into force on the date appointed by the Government. The Govermnent have decided to bring the Act into force on 16-12-2003. -
This notification is intended to achieve the above object.
L PRINTED AND PUBLISHED BY ThE SLPERINTE1,IDENt OF GOVERNhENT PRESSES AT TM OVERJ4MENTCENTRAJ PRESS. ThuRjvANANTHApupM 2004.
THE KERALA GROUND WATER (CONTROL AND REGULATION) AMENDMENT BILL, 2004
S
485/2004.
Eleventh Kerala Legislative Assembly Bill No. 225
(Translation in English of "2004-6,pj eeejo (m1caqa,€rncuo (a,afla)o6mnj1o) aeewzfl 6nflcu8" published under the authority of the Governor.]
THE KERALA GROUND WATER (CONTROL AND REGULATION) AMENDMENT BILL, 2004
fl
A
I ma to amend the Kerala Ground Water (Control and Regulation) Act, 2002.
Preamble—WHEREAs, it is expedient to amend the Kerala Ground Water (Control and Regulation) Act, 2002, for the purposes hereinafter appearing
BE it enacted in the Fifty-fifth year of the Republic of India as follows:-
I. Short title and commencemenr.—(1) This Act may be called the çKerala Ground Water (Control and Regulation) Amendment Act, 2004.
(2) It shall come into force at once. -
2. Amendment of Section 9.—In the Kerala Ground Water (Control and Regulation) Act, 2002 (19 of 2002), for sub-section (1) of section 9 the following sub-section shall be substituted, namely:-
"(1) Every user of ground water in the State shall, within such time, as may be notified by the Government in this behalf, apply to the Authority for registration as a user of ground water and for the grant of a certificate of registration.".
. STATEMENT OF OBJECTS AND REASONS
As per sub-section (J) of section 9 of the Kerala Ground Water (Control and Regulation) Act, 2002, every user of ground water in the State shall, within one hundred and twenty days from the date of constitution of the Authority, apply for registration with the Authority as a user of ground water in the State and for the grant of certificate of registration. The last date for submitting the application, accordingly, was on 15-5-2004. But, due to practical difficulties, it has become impossible to submit applications for such registration, within the
46512004.
said date. Therefore, the Government have decided to make suitable amendment in the Act for enabling every user of ground water to register with the Authority as a user of ground water and to obtain certificate within the date notified by the Government.
2. This Bill is intended to achieve the above object.
FINANCIAL MEMORANDUM
The Bill, if enacted and brought into operation, would not involve any expenditure from the Consolidated Fund of the State.
T M. JACOB
S
3 EXTRACTS FROM THE KERALA GROUND WATER
(CONTROL AND REGULATION) ACE 2002 (19 OF 2002)
** ** ** **
9. Registration of user of Ground Water.—(I) 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.
(8) (2)0o §rna taom so sianja.ejlott3 al6n)( aawl aocm enJoa asl ow a croncro°cnflam usormammoawl sniowl aol jo r1gyrtY W3aWmDCmnJa,0 asl uotmlmoao adrall ao
nleo & &mc laoocib cm*noJoa 0 , cuomlo% nioocm thlnm€rn o ifil cnjm°wcna,00a6,0 al cwmol, mcua,00Jcrn(m06m°:
a@cmOrU5 IThIiImDOl aol Q2)6)S (D)1(DmDCn0 @1cnJa,1 &@l m4001c0njc5° alwcmtyl ml u3 ranJaoja6xn (ffIDol)l aODCJa, na:pmoml a, cmaeDaoCm0, uapro0 mo5cm3l (UflCD6QJD3 cu) CII) 0eaJCn°wl ml ommi3ooao° wiaw(u'a)olcOl onJlcrnc)o Em°. -.
shall not include open well or dug well used for domestic purposes. It
3. State Ground Water Authority.—( I) 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.
The constitution of the Authority, and the qualifications and the
conditions of appointment and service of the members thereof shall be, such as
may be prescribed.
The Government may depute such number of scientists, technicians
and other officers, as it may deem necessary for the purpose of the proper
functioning of the Authority under this Act or for the due performance of its
functions under the Act.
The duties and conditions of service and salary of the employees of
the Authority shall be, such as may be prescribed.
3
4. Notifying areas for the control and regulation of ground wa/er development —(I) The Government niay, if satisfied on the recommendation of
the Authority, that it is necessary in the public interest to regulate the extraction
or use of ground water of any area, declare by notification in the Gazette, such
area as notified area for the purpose of this Act, 'with effect from such date as
may be specified therein,
Every notification issued under sub-section (I) shall be published in
the Gazette as well as in two daily news papers having circulation in the said
areas and a copy of the same shall be exhibited on the notice board of the
Office of the Panchayat or Municipality, as the case may be, of the said area.
The Government may, if satisfied on the recommendation of the
Authority that the availability of Ground Water has increased in any notified area,
cancel the notification issued in respect of such area.
5. Grant of permit to extract and use ground water.—( I) Any person
desiring to dig a tube well or to convert the existing well into a 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 for the purpose and shall not
proceed with any activity connected with such digging or convertion unless a
permit has been granted by the Authority.
Every application under sub-section (I) shall be in such form and
shall contain such particulars as may b prescribed.
The Authority shall acknowledge the receipt of every application in
the form as may be prescribed.
A (4) On receipt of an application under sub-section (I) 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 a permit authorising to draw ground
water or reject the application:
Provided that no person shall be refused a permit without giving an
opportunity of being heard.
(5) The decision regarding the grant or refusal of the permit shall be
communicated to the applicant by the Authority in writing within sixty days from
the date of receipt of the application. -
(6) Where the Authority received the application under sub-section (I)
fails to inform the applicant of its decision on the application within ninety days
4
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:-
the purpose or purposes for which the water is used;
the other existing users of that locality;
the availability of ground water;
the quality of ground water in connection with its use; 4 the distance with the adjoining well and the number of 'veils in the
area and the possibility of interference with existing wells:
the long tern nature of ground water level in the area;
any other factor relevent thereto.
- 6. The Registration of the Existing wiis of the not qied area.—( I) [very
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 of the Authority,
register the wells existing and in use and shall apply to the Authority in such
form and in such manner as may be prescribed for a certificate of 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. /
The details to be furnished in an application under sub-section
(I) shall contaih such particulars and shall be in such manner as may be
prescribed.
On receipt of an application under sub-section (I) 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 prescribed 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.
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
(late of receipt of the application.
(5) The Atithority shall consider the following matters before sanctioning
allowing or rejecting the application for registratidn of well under sub-section (3), n am ely: - -
the purpose for which water is used;
the other eligible users:
the rate of recharge to the area of influence of the well;
the quality of ground water in the location;.
the long term nature of water level of wells;
(0 the other relevant factors.
(6) The Certificate of Registration shall be in the fomi prescribed.
(7) Until the Authority intimates the decision regarding grant or rejection of registration under sub-section (I). 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.
Registration of Ground Water (Jser.—( I) All ground water users in the State shall within one hundred and twenty days from the date ofconstitution ofthe 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 ofan application under sub-section ( I ) the Authority shall, if is satisfied that it shall not be against the public interest to so do, grant registration subject to the conditions and restrictions as may be prescribed, register and issue a
j certificate of registration or reject the application:
Provided that no application for regisfration shall be rejected without giving the applicant an opportunity of being heard.
Protection ofPub/ic drinking water sources—( I) Not withstanding anything contained in this Act, no person shall without the permission of the 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 provisions in sub-section (I) shall not apply to the digging of a well forany drinking water scheme implemented by the Government or local bodies.
(2) Every application for permission under sub-section (I) shall be in such Form as may be prescribed and shall be submitted to the Authority with such fees as may be fixed.
6
(3) On receipt of an application under sub-section (2) and if it is satisfied
that digging of well shall not adversly affect the public drinking water sOurce.
penission 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 ifthe decision ofthe Authority is not communicated to the applicant
within one hundred and twenty 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.
The power to make changes to the conditions in the permit or certificate of registratiott—At any time after any penilit 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 conditions, 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.
Cancellation oJpennit or certificate oJregitration.—The Authority may,
if satisfied on receipt of any information or on the basis of its own studies, that,---
the permit or certificate of registration under this Act is not based on
facts;
the holder of the permit or certificate of registration has, without any
reasonable cause, failed to comply with the conditions subject to which the permit or
the certificate ofregistration has been issued, or has contravened any of the provisions
of this Act or the rules made thereunder; or
a situation has arisen which warrants limiting of the use or extraction of •
ground water in the area around the 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 certificate of registration an opportunity of being heard cancel
the permit or certificate of registration.
II. The powers of Ground Water A uthority.—( I) The Authority shall have
power,-
to enter any property and to measure the quantity of water located on the
surface of earth or under the earth;
to inspect any well, which is dug or being dug and the soil and other
materials excavated therefrom;
5 -'
L.
to take samples of such soil or other materials or waterextracted from
such wells;
to require, by order in writing the persons digging a well to keep and preserve in such manner as may be directed by the Authority, the samples of soil or materials extracted from there for a period not exceeding three months from the date of completion or abandonment of the work, as the case may be, specified by the
authority;
to examine and take copies of the relevant records or documents and for obta i n i ng any information required for the implementation of the object of this Act,
o ask any questions on matters including the diameter or depth of the well which is g 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;
(0 to require 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 domplying the provisions contained in this Act or to protect public interest;
to seize the equipments and instruments used for unauthorised digging and to destroy partially or completely the work done;
to require any ground water user who does not comply with theprovisions of this Act and the rules made thereunder, to stop any water supply or to destroy any hydraulic work which is found unauthorised as per the provisions of this Act and the rules made thereunder;
P (i) to enter and search any place with such assistance as is deemed necessary, if there is reason to believe 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 necessary steps to prevent the installation of drainage pipes etc. affecting the water sources and to prevent depositing of waste materials in the surface
water sources if it is likely to effect the ground water sources;
(Ic) to exercise such other powers that may be necessary for the
implementation of the objects of this Act or the rules made thereunder.
(2) In case where any user of ground water makes any default in doing any act as required by the authority in exercise of the powers under sub-section (I), the authority shall have power to perform such Act directly and to realise the expense
incurred in that behalf from that persqn in such manner as may be prescribed.
2/2 149/2002/OTP.
(3) The Authority or the officer authorised by it shall have the power to break open the door of any premise by using force where ground water is being extracted, drawn or used.
Explanation—The power of entry by force shall be exercised only if the owner present or any other person residing in that area refuses to open the door but no such entry shall be made between sunset and sunrise and due regard shall, as far as possible be given to the social and religious cutoms and usages of the occupant ofthe premises to be entered into.
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.
Where the authority seizes any machinery or instruments under clause (g) of sub-section (I), it shall as soon as may be within ten days, report to a Magistrate and take his order for the custody of the same.
The implementation of orders etc—Every order under section II shall be furnished to the user in such manner as may be prescribed.
Delegation ofpowers and duties .—T he Authority may, by general or special order in writing, direct that all or any of the powers and duties to be exercised or performed by it shall be exercised or performed by such employee of the Authority under such circumstance and on such conditions as may be specified therein.
Members and employees of Ground Water Authority to be Public Servants—All members and employees of the Authority while acting or purporting to Act under the provisions of this Act or ahy rules made thereunder shall be deeme to be public servants within the meaning of section 21 of the Indian Penal Cod 1 860 (Central Act 45 of J 860).
Protection of action taken in good faith—No suit, prosecution or other legal proceedings shall lie against the Government or Authority or any officer of the Government or any member of 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 thereunder.
Cognizance of offences and TriaL—( I) No prosecution shall be initiated except with the written permission of the Authority or any officer authorised by the Authority in this behalf, in respect of any offence under this Act.
(2) No offence under this Act shall be tried by a Court in rank below that of a Judicial.Magistrâte of the First Class.
Penalties.—{!) If any owner or user of a well contravenes any of the provisions of this Act or Rules made thereunder or fails to comply with the rules. in furnishing any informatioifmn the manner prescribed, he shall be punishable,-
with flue which may extend to one hundred rupees forthe first offence;
dii (I
with flue which may extend totwo hundred rupees for the second and
subsequent olTences.
(2) If for the unauthorised digging or construction or use of wells any user
of ground water or the owner ofa well,-
contravenes any of the provisions ofthis Act or Rules made thereunder
or fails to comply with the same; or
obstructs the Authority or any other person authorised by it, exercising
bn of the powers under this Act,
he shall be punishable,-
with fine which may extend to one thousand rupees for the first offence: and -
with imprisonment upto six months or a fine which may extend to
five thousand rupees for the second or subsequent offences.
8. Compounding ofoffences—The Authority may in suchmanner as may be prescribed, compound any offence, under this Act which is liable to be punished with a fine not exceeding one thousand rupees.
19. Offences by Companies—If an offence punishable under this Act, is
committed, at any time by a company every person who is in charge ofand responsible
to the company for the conduct of its business at the time of the commission of the offence shall he deemed to be responsible for the offence and shall be liable to be
oceeded 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 attributable to any neglect on
the pan of any Director, Manager, Secretary or other officer of the company such Director, Manager, Secretary or other officers shall be deemed to be responsible for that offence and shall be liable to be proceeded against and punished accordingly.
Exp/anation.—For the purpose of this section,-
Company' means any body corporate and includes a firm or other
organisations or persons; and
'Director' in relation to a firm means the partner in the firm;
20. Appeals.—( I) 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, prefer an appeal to
such Authority as may be prescribed and remitting such fees as may be determined:
10
Provided that the appellate Authority may, entertani an appeal preferred after
the expiry of the said period of thirty days if it is satisfied that the appellant had
sufficient cause for not filing the appeal in time.
(2) On receipt of an appeal under sub-section (I). the Appellate Authority
shall dispose ofthe appeal as early as possible after giving the appellant a reasonable
opportunity of being heard.
Removal of dfjicu/ties.—( I) If any difficulty arises in giving effect to
the provisions ofthis Act, the Government, may by order, do anything not inconsistent
with the provisions of.this Act, which appear to them necessary for the purpose of
removing the difficulty: 4 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 ( I ) 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 in one session or in two successive
sessions and if before the expiry of the session in which it is so laid or the session
immediately following, the Legislative Assembly makes any modification in the order
or decides that the order should not be issued, the order 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 order.
Power to make rules.—( I) The Government may, by notification in
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;-
term of office of the chairman and members of the Authority and the
manner of filling up of vacancies and other service conditions;
duties and conditions of service of the staff of the Authority;
any other manner of issuing notification under sub-section (3) of
section 4;
format of application form, permit and the certificate of registration
tinder various sections of this Act;
mode of keeping and maintaining samples of soil and other materials
as per clause (d) of sub-section (I) of section 10;
for specifying the appellate authority and the fee payable along with
the appeal memorandum under sub-section (I) of section 20;
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 of 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 affect only in such modified fonii or be of no effect as the ease may be; so, however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule
STATEMENT OF OBJECTS AND REASONS
Where water is to be used for various purposes, dependance on ground water has increased in the State now a days. Studies in this regard have proved that this type of excess consumption has been the reason for the regular lowering of
the level of ground water in certain areas of the State. This type of excess use of ground water will create serious problems in future. Therefore Government
are satisfied that it is necessary to protect ground water and to regulate its
exploitation and consumption. In addition to this, the Central Government have already pointed out the necessity of considering seriously about legislation by the
State Government for the regulation of excess consumption of ground water at
important centres of human inhabitance and other important places.
In these circumstances, the Government consider it necessary to bring in a
special legislation for the protection of ground water and for the regulation and
control of its exploitation and consumption.
FINANCIAL MEMORANDUM
Sub-clause (3) of clause 3 of the Bill provides for the appointment of such
number of scientists, technical staff and other officers as it thinks necessary in the
State Ground Water Authority that may be constituted by the Government under
sub-clause (I) of the said clause. A recurring annual expenditure of about
rupees thirty lakhs would have to be met by the Government for the salary and allowances of those who are, thus, appointed. Government would also have to
meet a non-recurring expenditure of rupees twenty three lakhs in relation to the
constitution of State Ground Water Authority etc.
- 12
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause (3) of clause I of the Hill seeks to empower the Government to
appoint by a notification in the Gazette the date on which the Act shall come into
force.
Sub-clause (I) of clause 3 of the Bill empowers the Government to
constitute, by notification in the Gazette with effect from such date as may be
specified therein, an authority called the "State Ground Water Authority". Sub-
clause (4) seeks to empower the Government to prescribe the duties, and
conditions of service and salary of the employees of the Authority.
Sub-clause (I) of clause 4 empowers the Government to declare any
area as notified area for regulating the extraction or consumption of ground water.
• 4. Clause 5 of the Bill empowers the Government to prescribe The form of
application for permit for drawing and using ground water in the notified area,
the details to be contained therein, the manner of acknowledging the receipt of application and the teniis and conditions of issuance of a permit.
Clause 6 of the Bill seeks to empower the Government to prescribe the
form and manner in which the owner of wells in a notified area has to apply to
the Authority for registering wells and for getting certificates to that effect and
also for prescribing the terms and conditions for issuing certificate of registration
to the applicants by the Authority and the fonn of the certificate of registration.
Sub-clause (2) of clause 7 empowers the Government to prescribe the
terms and conditions for giving certificate of registration as a ground water user.
Sub-clause (2) of clause 8 seeks to empower the Government to
prescribe the fees and form of application for sanction of the Authority for
digging wells within a distance of 30 mts. from any source of drinking water
from which water is pumped out for common use.
Sub-clause (2) of clause II seeks to empower the Government to prescribe the manner of recovering the expenditure incurred by the Authority in
the case of default on the part of a ground water user in performing any work
demanded by the Ground Water Authority by using the powers vested in it.
Clause 12 empowers the Government to prescribe the manner of serving
the orders issued by the Ground Water Authority under clause II, to the user.
Clause 18 empowers the Government to prescribe the manner of
compounding of offences by the Authority.
in Ii
II. Sub-clause (I) of clause 20 of the Bill empower the Government to
determine the fees for filing appeal against any decision or action of the Authority and to prescribe the Appellate Authority.
Sub-clause (I) of clause 21 seeks to empower the Government to issue
orders to remove any difficulty that may arise when the provisions of this Act are brought into force.
Sub-clause (I) of clause 22 seeks to empower the Government to make
rules, for the purpose of carrying out the provisions of this Act.
$ The matters in respect of which the notification may be issued or rules may
be made are of matters of procedure and are of routine or administrative in nature. Further, the rules after they are made, are subject to the scrutiny of the
Legislative Assembly. The delegation of Legislative power is, thus, of a normal character.
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