Amendment status not verified — confirm the current text below against the official source.
After section 164 of the principal Act, the following sections shall be inserted, namely:— Insertion of new sections 164-A and 164-B. “164-A. Grant of permit to sink well.— (1) No person shall, either himself or through any person on his behalf, engage in sinking any well in any area of the municipality for any purpose without obtaining a permit from the Commissioner: Provided that this sub-section shall not apply for sinking of well for domestic purpose: Provided further that this sub-section shall not apply to the “Scheduled area” as defined in clause (g) of section 2 of the Chennai Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987). (2) Any person desiring to sink a well shall apply to the Commissioner, for grant of permit for this purpose and shall not proceed with any activity connected with such sinking of well, unless a permit has been granted by the Commissioner. (3) Every application for grant of permit shall be made in such form and contain such particulars as may be prescribed, and shall be accompanied by such fee not exceeding ten thousand rupees, as may be prescribed. (4) On receipt of an application under sub-section (2), the Commissioner may grant, subject to such conditions and restrictions as he may specify, a permit authorising to sink well or refuse to grant such permit: Provided that no permit shall be refused unless the applicant has been given an opportunity of being heard. (5) The decision regarding the grant or refusal to grant the permit shall be intimated by the Commissioner to the applicant within such period as may be prescribed. (6) Any person aggrieved by the decision of the Commissioner under sub-section (5) may, within such period and in such manner as may be prescribed, appeal to such authority as may be specified by the Government, by notification, in this behalf. (7) The owner of every well in use or disuse shall follow such safety measures, as may be prescribed. 164-B. Grant of certificate of registration to carry on business of sinking well.— (1) Every person desiring to carry on the business of sinking well in any area in the municipality shall apply to the District Collector for grant of a certificate of registration: Provided that this section shall not apply to the “Scheduled area” as defined in clause (g) of section 2 of the Chennai Metropolitan Area Ground Water (Regulation) Act,1987 (Tamil Nadu Act 27 of 1987). 190 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (2) Every application for grant of a certificate of registration shall be made in such form and contain such particulars as may be prescribed and shall be accompanied by such fee not exceeding twenty thousand rupees, as may be prescribed. (3) On receipt of an application under sub-section (1), the District Collector may grant, subject to such conditions and restrictions as may be specified, a certificate of registration or refuse to grant the certificate of registration: Provided that no certificate of registration shall be refused unless the applicant has been given an opportunity of being heard. (4) The decision regarding the grant or refusal to grant the certificate of registration shall be intimated by the District Collector to the applicant within such period as may be prescribed. (5) Any person aggrieved by the decision of the District Collector under sub-section (4) may, within such period and in such manner as may be prescribed, appeal to such authority as may be specified by the Government, by notification, in this behalf. (6) Every person carrying on the business of sinking well shall, while sinking a well or on completion of sinking a well, follow such safety measures, as may be prescribed. Explanation.— For the purpose of sections 164, 164-A and 164-B,— (a) “sink” with all its grammatical variations and cognate expressions includes digging, drilling, boring or deepening; (b) “well” means a well sunk for search or extraction of groundwater and includes an open well, dug well, bore well, dug-cum-bore well, tube well, filter point, collection well or infiltration gallery, but does not include a well sunk by the Government or Central Government for carrying out scientific investigation, exploration, development or management work for the survey and assessment of groundwater resources; (c) “person” includes a company or association of individuals, whether incorporated or not.”. Amendment of section 167.