Amendment status not verified — confirm the current text below against the official source.
Power to notify areas to regulate and control the development and management of groundwater.- (1) The Authority shall function under the overall control and supervision of the Government. (2) If the authority, after consultations with various expert bodies is of the opinion that it is necessary or expedient in the public interest to regulate the extraction or the use or both of Ground 10 Water in any form in any area, it shall advise the Government to declare any such area to be a notified area for the purpose of this Act with effect from such date as may be specified therein. (3) The Government on the advise of the Authority may, by notification in the Official Gazette, declare any such area to be a notified area for the purposes of this Act with effect from such date as may be specified therein: Provided that the date so specified in the notification shall not be earlier than three months from the date of publication of the said notification. (4) Every such notification shall in addition to its publication in the official Gazette, be published in not less than one daily regional language newspaper having wide circulation in the State and in such other manner as may be prescribed. (5) If in the opinion of the authority, the availability of groundwater has improved in a notified area, it may, in consultation with various expert bodies advise Government to de-notify such area and the Government may do so according to the procedure prescribed. (6) The authority shall also take steps to ensure that exploitation of Ground water resources does not exceed the natural replenishment to the aquifers. (7) The Government on the advice of the authority may take steps as far as possible to ensure augmentation of ground water resources in addition to regulatory measures. (8) The authority shall maintain and upkeep the data base on ground water related information. 2[11. Grant of permit to extract and use of Ground Water in Notified and Non-Notified Areas]2.- 2[(1) Subject to the provisions of any other law for time being in force relating to the protection of public sources of drinking water, no ground water user, except those exempted under sub-section (1-A), shall drill or dig a well or extract, for any purpose in a notified and Non notified area without obtaining permit or No Objection Certificate from the Authority. (1-A). Categories of consumers who are exempted from obtaining permission or No Objection Certificate. The following categories of consumers shall be exempted from Obtaining Permit for drilling new Borewell and seeking No Objection Certificate for ground water extraction namely:- (i) Individual domestic consumers in both rural and urban areas for drinking water and domestic uses; (ii) Rural drinking water supply schemes; (iii) Armed Forces Establishments and Central Armed Police Forces establishments in both rural and urban areas; (iv) Agricultural activities; (v) All industries or mining projects or infrastructure projects drawing ground water only for drinking or domestic purposes up to 5 Cum per day in all assessment units, and (vi) Residential apartments and group housing societies who drill or dig,- 11 (a) For drinking water and domestic uses, drawing ground water up to 20 m3 per day subject to the conditions specified in the guidelines; and (b) Dwelling units for Economically Weaker Sections under the Government schemes. (1-B) All private tankers abstracting ground water and use it for supply as bulk water suppliers shall have No Objection Certificate for ground water abstraction from the concerned authority as notified by the Government.]2 (2) Every application under sub-section (1) shall be made in such form, shall contain such particulars and in such manner accompanied by such fee for different purposes like industrial, commercial entertainment, agricultural and domestic etc., and for different areas, as may be prescribed. (3) On receipt of an application under sub-section (1), if the Authority is satisfied that it shall not be against public interest to do so, it may grant subject to such conditions and restrictions as may be specified therein, a permit authorizing drilling or digging of a well for the extraction and use of groundwater. The conditions shall include mandatory provision of artificial recharge structures of appropriate size to be constructed by the applicant within a period as specified by the authority: Provided that no person shall be refused of a permit unless he has been given an opportunity of being heard. (4) The decision regarding grant or refusal of their permit shall be intimated by the Authority to the applicant within a period of sixty days from the date of receipt of the application. (5) In granting or refusing a permit, the Authority shall have regard to the following, namely:- (a) The purpose for which the groundwater is to be used-domestic, agriculture, industry, commercial, establishments entertainment,-indicate sale/own use or both; (b) No permit shall be given for water intensive crops like paddy, sugarcane in notified areas; (c) The existence of other competitive users; (d) The availability of groundwater and the need to conserve it; (e) Quantity of groundwater to be drawn; (f) Quality of groundwater with reference to use; (g) Spacing of groundwater structures keeping in consideration, the purpose for which the groundwater is to be used. (h) Long term groundwater level behaviour; (i) Its likelihood of adversely affecting water availability of any drinking water sources in its vicinity; (j) Priority may be given for those who adopt sprinkler and drip irrigation system; (k) Any other factors relevant thereto. 12 1[(5A) On obtaining the permission from the Ground Water Authority or District Ground Water Committee, the land owner or implementing agency before digging a bore-well or tube well shall inform in writing at least fifteen days in advance to the officer of the local authority or urban local bodies as the case may be notified by the Government from time to time.]1 (6) The permit shall be subject to such terms and conditions and in such form as may be prescribed.;