[4th
March, 2003] An Act to protect
groundwater resources to provide safeguards against hazards of its over
exploitation and to ensure its planned development and proper management in the
State of Tamil Nadu and for matters connected therewith or incidental thereto WHEREAS it is necessary in
the public interest to protect groundwater resources, provide safeguards
against hazards of over exploitation and to ensure planned development and
proper management of this vital and limited resource; BE it enacted by the
Legislative Assembly of the State of Tamil Nadu in the Fifty-fourth Year of the
Republic of India as follows:- CHAPTER
I PRELIMINARY (1)
This Act may be called the Tamil Nadu
Groundwater (Development and Management) Act, 2003. (2)
It extends to the whole of the State of Tamil
Nadu except the areas to which the Chennai Metropolitan Area Groundwater
(Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987) expends. (3)
It shall come into force on such date as the
Government may, by notification, appoint and different dates may be appointed
for different areas and for different provisions of this Act. In this Act, unless the
context otherwise requires,- (1)
“Authority” means the Tamil Nadu Groundwater
Authority established under Section 7 and includes any employee to whom the
Authority has delegated any of its powers or functions under this Act; (2)
“domestic purpose”, in relation to a well,
means extraction of groundwater from such well for the purpose of drinking,
cooking, bathing, washing, livestock or sanitary, by using manual, mechanical
or electrical device not exceeding one horse power; (3)
“Government” means the State Government; (4)
“groundwater” means the water which exists
below the surface of the ground at any particular location; (5)
“marginal farmer” means a farmer who holds
such an extent of land as may be prescribed; (6)
“notified area” means the area declared to be
a notified area under Section 9; (7)
“sink” with all its grammatical variations
and cognate expressions in relation to an existing well or new well includes
digging, drilling or boring of new well and deepening carried out in the
existing well, for exploitation of groundwater; (8)
“small farmer” means a farmer who holds such
an extent of land as may be prescribed; (9)
“user of groundwater” means a person or an
institution including a company or an establishment, whether Government or
otherwise, who or which uses groundwater for any purpose, other than domestic
purpose either on a personal or community basis; (10)
“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 or a
well sunk by & small or marginal farmer. CHAPTER
II GROUNDWATER DEVELOPMENT AND MANAGEMENT (1)
The Government shall have power to develop,
control, regulate and administer the groundwater in the State and may exercise
their power through the Authority in accordance with the provisions of this
Act. (2)
The Authority shall have power to direct and
regulate the development and management of groundwater resources in the State
consistent with, conserving it and ensuring its optimal and efficient
utilisation. Wherever it is feasible,
conjunctive use of surface water and groundwater shall be undertaken to
maximise beneficial use of the available water resources in the State. The
Authority may identify and notify suitable areas for conjunctive use of surface
water and groundwater to stabilize the existing use or to improve or increase the
use of water. If the Authority is
satisfied that to facilitate mining or quarrying of any mineral or rocks, large
scale pumping of groundwater is taking place and that- (i)
the mining activity has led to a fall in the
water levels in the vicinity of mines; or (ii)
the fall in water levels has affected the
agricultural and the social activity in the area; or (iii)
the pumping or disposal of water from the
mining activity has led to degradation in groundwater quality, the Authority
may direct the disposal of mine water in a manner that it may be directly used
by the farmers and its recharge, if feasible, to augment groundwater storage. The Authority may, in the
manner prescribed, lay down or adopt standards for quality of water, depending
on the kinds of water use. In doing so it shall pay regard to the standards
evolved by institutions either statutorily empowered or technically competent
to do so. CHAPTER
III TAMIL NADU GROUNDWATER AUTHORITY AND ITS FUNCTIONS (1)
The Government shall, by notification,
establish with effect from such date as may be specified in the notification,
an Authority to be called “the Tamil Nadu Groundwater Authority”. (2)
The Authority shall be a body corporate,
having perpetual succession and a common seal and shall be liable to sue and be
sued. (3)
The Authority shall consist of the following
members nominated by the Government, namely:- (a)
an officer of the Government, in such rank as
may be prescribed, who shall also be the Chairman; (b)
two representatives of different departments,
concerned with groundwater exploration; (c)
one person having special knowledge or
practical experience in matters relating to groundwater; (d)
one full time technical officer in the rank
of Chief Engineer, Public Works Department, who shall also be the
Member-Secretary. (4)
The term of Office, the manner of filling the
vacancies and other conditions of service of non-official members of the
Authority shall be such as may be prescribed. (5)
The meetings of the Authority shall be at
such times and by such procedure as may be prescribed. (1)
The Government shall, for the purpose of
enabling the Authority to efficiently perform its functions or to exercise its
powers under this Act, appoint such number of technical and other employees as
they may consider necessary. (2)
The functions, powers and terms and
conditions of service of the employees appointed under sub-section (1) shall be
such as may be prescribed. (1)
If in the opinion of the Authority, it is in
the public interest to notify any area for developing groundwater or to
regulate the extraction or use, or both, of groundwater in any form, in such
area, it may, subject to the provisions of sub-section (2), from time to time,
by notification, declare such area to be a notified area with effect on and
from such date as may be specified therein. (2)
The Authority shall publish a provisional
notification and invite representations thereon from the public within one
month from the date of such publication. It shall examine the representations,
if any, received and may modify or revise the notification, if necessary. The
final notification under sub-section (1) so modified or revised, shall be
published before the expiry of three months from the date of publication of the
provisional notification. (3)
With effect from the date of publication of
the final notification, the Authority shall have power to direct, regulate and
control the development, extraction and utilisation of groundwater in the
notified area in such manner as it deems fit. (4)
The Authority may cause to undertake
investigations in order to periodically evaluate the groundwater potential in
the notified area on a continuous basis. (1)
Every user of groundwater in the notified
area immediately before the date of publication of the final notification under
Section 9 in respect of that area shall, within a period of forty-five days
from the date specified in such notification, apply to the Authority, in such
form and in such manner as may be prescribed for the grant of a certificate of
registration: Provided that the Authority
may entertain an application after the expiry of the said period of forty-five
days, if it is satisfied that such user was prevented by sufficient cause from
filing the application in time. (2)
On receipt of an application under
sub-section (1), if the Authority is satisfied that it will not be against
public interest to do so, may grant, subject to such conditions and
restrictions as may be specified, a certificate of registration authorising the
use of groundwater. (3)
The Authority may, on its own motion, take
steps, to register the wells existing and in use on the notified date. (4)
The registration shall be completed within
such time as may be prescribed. (5)
The decision of the Authority shall be
communicated to the applicant within a period of sixty days from the date of
such decision or such further extended time as may be notified by the
Authority, provided that the reasons for extension of time shall be recorded in
writing. (6)
Pending communication by the Authority of its
decision under sub-section (5), every user of groundwater in the notified area;
immediately before the date of publication of the final, notification under
sub-section (1) of Section 9 in respect of that notified area shall be eligible
for the continued use of the groundwater. (7)
If a registered well becomes defunct, the
fact shall be immediately brought to the notice of the Authority by the user of
groundwater. (1)
No person shall, either himself or through
any person on his behalf, engage in sinking any well or any other activity
connected therewith in any notified area without obtaining a permit: Provided that this
sub-section shall not apply for sinking of well or extraction or use of
groundwater for domestic purpose. (2)
Any person desiring to sink a well in a
notified area, for any purpose other than domestic purpose, shall apply to the
Authority in such form and in such manner together with such fee as may be
prescribed for the grant of a permit. (3)
On receipt of an application under
sub-section (2), if the Authority is satisfied after enquiry that it shall not
be against public interest to do so, may grant, subject to such conditions and
restrictions as it may specify, a permit authorising the sinking of well and
the extraction and use of the groundwater from such well, or refuse to grant
permit: Provided that, before
granting a permit under this sub-section, the Authority shall consult the local
body concerned: Provided further that no
applicant shall be refused a permit unless he has been given an opportunity of
being heard: Provided also that where the
Authority to whom an application is made under sub-section (2) fails to inform
the applicant of its decision on the application within a period of thirty days
from the date of receipt of such application, the permit shall be deemed to
have been granted to the applicant and he shall, for the purpose of this Act,
be deemed to be a holder of a permit. Explanation.- For the
purpose of this sub-section, “Local body” means the Municipal Corporation,
Municipality, Town Panchayat, Cantonment or Village Panchayat, as the case may
be. (4)
In granting or refusing to grant a permit
under sub-section (3), the Authority shall have regard to the following
matters, namely:- (a)
the purpose for which groundwater is to be
used, the quantum and the mode of extraction; (b)
the existence of other users including prior
users and any community well in the neighbourhood; (c)
the quantum of available groundwater
resources in the notified area; (d)
whether the applicant concerned has the means
and competence to extract water; and (e)
any other matter as may be prescribed. (1)
All the wells sunk in the State on or after
the date of commencement of this Act, shall be registered, including the wells
in the areas not notified under Section 9, with the Authority in such manner as
may be prescribed. (2)
The provision of sub-section (7) of Section
10 shall be applicable for such registration. (1)
No person shall transport groundwater by
means of lorry, trailer or any other motor vehicle from any notified area for
any purpose without obtaining a permit under sub-section (3) (2)
Any person desiring to transport groundwater
from any notified area for any purpose, by means of lorry, trailer or any other
motor vehicle shall apply to the Authority for the grant of a permit in such
form and in such manner and shall contain such particulars as may be
prescribed. (3)
On receipt of an application under
sub-section (2), if the Authority is satisfied that it shall not be against
public interest to do so, may grant, on payment of such fees as may be
prescribed, a permit subject to such conditions and restrictions as may be
specified therein, authorising the transportation of groundwater from the
notified area, or refuse to grant a permit: Provided that no applicant
shall be refused a permit unless he has open given an opportunity of being
heard: Provided further that where
the Authority to whom an application is made under sub-section (2), fails to
inform the applicant of its decision on the application within a period of
thirty days from the date of receipt of such application, the permit shall be
deemed to have been granted to the applicant and such person shall, for the
purposes of this Act, be deemed to be a holder of a permit. (4)
Notwithstanding anything contained in
sub-sections (1) to (3), any person transporting groundwater by means of lorry,
trailer or any other motor vehicle immediately before the date of publication
of the final notification under sub-section (1) of Section 9 may continue to
transport groundwater for a period not exceeding thirty days from such date. Explanation. “For the
purpose” of this section the expression ‘motor vehicle’ shall have the same
meaning assigned to it in clause (28) of Section 2 of the Motor Vehicles Act,
1988. (1)
No person, either himself or through any
person on this behalf, shall, after expiry of a period of thirty days from the
date of commencement of this Act carry on the business of sinking of well or
extraction of groundwater or any activity connected therewith, by drilling or
boring, in any notified area without obtaining a licence. (2)
Any person desiring to carry on the business
of sinking of well shall apply to the Authority in such form and in such manner
together with such fee as may be prescribed for the grant of a permit. (3)
On receipt of an application under
sub-section (2), the Authority may, after such enquiry as it deems fit and
after satisfying itself that the applicant has the means and the knowledge to
undertake sinking operation and extraction of groundwater, grant a licence in
such form as may be prescribed and subject to such conditions and restrictions
as may be specified therein. (1)
At any time after the issue of a certificate
of registration, permit or licence, as the case may be, the Authority may,
modify, amend or cancel the terms of certificate of registration, permit or
licence, as the case may be, for reasons to be recorded, either permanently or
for a specified period to prevent decline in the water table or deterioration
in water quality or other effects that may be detrimental to the continued
availability or quality of groundwater in the notified area: Provided that no such
modification, amendment or cancellation shall be made, unless the holder of
such certificate of registration, permit or licence, as the case may be, is
given an opportunity of being heard. (2)
If the Authority is satisfied, either on
information received by it in this behalf or otherwise, that- (a)
the certificate of registration, permit or
licence has been obtained by fraud or suppression or misrepresentation of
facts, or (b)
the holder of certificate of registration,
permit or licence has contravened any of the provisions of this Act or the
Rules made thereunder or has failed to comply with the conditions subject to
which the certificate of registration, permit or licence has been granted,
without prejudice to any other penalty to which the holder of the certificate
of registration, permit or licence may be liable under this Act or any other
Act, the Authority may, after giving the holder of the certificate of
registration, permit or licence, an opportunity to show cause and after
considering his representation, by order, cancel the certificate of
registration, permit or licence. Notwithstanding anything
contained in the Indian Electricity Act, 1910 (Act 9 of 1910), any licensee or
the Tamil Nadu Electricity Board shall not supply electrical energy for
energising- (a)
any well sunk in contravention of the
provisions of this Act or the Rules made thereunder; or (b)
any well in respect of which the permit
granted under this Act has been cancelled; or (c)
any source of groundwater in respect of which
certificate of registration has not been granted in accordance with the
provisions of this Act or having been granted, the certificate of registration
has been cancelled; (d)
any well in respect of which conditions
including modifications and alterations as laid down in the permit are not
carried out. Every notification under
this Act shall be in such form as may be prescribed and shall be published,- (a)
in the Tamil Nadu Government Gazette and in
at least one local daily newspaper in the notified area; (b)
by proclaiming the contents of the
notification by beat of drums or by means of public address systems in the notified
area; (c)
by displaying a copy of the notification on
the notice board of the public offices of the Revenue and Public Works
Departments. (1)
For carrying out the purposes of this Act,
the Authority or any person authorised by it in writing in this behalf, shall
have the following powers, namely:- (a)
to enter upon any property belonging to an
individual or the Government, as the case may be, for investigation or
collection of data pertaining to the land or water; (b)
to inspect any well which is sunk or being
sunk and the soil, groundwater or other materials excavated therefrom; (c)
to take specimen of such soil, groundwater or
other materials; (d)
to require in writing any person sinking a
well to preserve in the prescribed mariner, specimens of soil, groundwater or
any material excavated therefrom for a period not exceeding one month from the
date of completion or abandonment of the work; (e)
to inspect and take copies of the relevant
records or documents and seek any information pertaining to the well as may be
required; (f)
to serve br cause to be served a notice
requiring any person using groundwater to furnish such information as required
in such form, at such intervals and with such particulars, as may be
prescribed; (g)
to require in writing any person using
groundwater to install measuring devices on any groundwater supplies; (h)
to seize and take possession of any equipment
utilised for unauthorised sinking; (i)
to require in writing any person using
groundwater who does not comply with the provisions of this Act to cease to
extract groundwater or dismantle any hydraulic structure found to be
unauthorised or direct the authority concerned to enforce the provision of
Section 16; (j)
to enter and search at all reasonable times
with such assistance, if any, as it considers necessary, any premises in which
it has reason to believe, that an offence under this Act has been or is being
committed and order in writing to the person who has committed or who is
committing the offence not to extract or use the groundwater without obtaining
a permit. (2)
The provisions of the Code of Criminal
Procedure, 1973 shall apply to any search or seizure under this section in the
same way as it applies to any search or seizure made under the authority of a
warrant issued under Section 94 of the said Code. (3)
The power conferred under clause (a) of
sub-section (1) shall include the power to break open the door of any premises
where such sinking, extraction or use of groundwater is going on: Provided that such power to
break open the door shall be exercised only if the owner or the person in
occupation of the property, refuses to comply with the notice or directions of
the Authority on being called upon to do so. Every order or notice under
sub-section (1) of Section 18 shall be served,- (a)
by tendering such order or notice either
through messenger or sending by registered post to the person for whom it is
intended, or (b)
if such person cannot be found, by affixing
such order or notice on some conspicuous part of his last known place of
residence or of business or tendering such order or notice to some adult member
or servant of his family or by causing it to be affixed on some conspicuous
part of the land or building in which the well is being sunk; (c)
where the person on whom an order or a notice
is to be served happens, to be a minor, service upon his guardian in the manner
provided in clause (a) and (b) shall be deemed to be service upon the minor. The Authority may, by
general or special order in writing, direct that all or any of the powers or
functions which may be exercised or performed by it shall, in such
circumstances and under such conditions as may be specified in such order, be
exercised or performed by any employee of the Authority specified in this
behalf in such order. (1)
Any person aggrieved by any order or decision
of the Authority or an employee referred to in Section 20 may file an appeal to
the Government within a period of thirty days from the date on which such order
or decision is communicated to him. (2)
On receipt of an appeal under sub-section
(1), the Government shall, after examining the case and after giving the
petitioner an opportunity of being heard, pass such order as they may deem fit. CHAPTER
IV OFFENCES AND PENALTIES Whoever- (a)
contravenes or fails to comply with any of
the provisions of this Act or any Rules made thereunder; or (b)
sinks well in notified areas without a permit;
or (c)
obstructs the Authority or any other employee
authorised by it to exercise any of the powers under this Act: or (d)
fails to comply with the requisition made
under the provisions of this Act; or (e)
having been required to furnish any
information under clause (f) of sub-section (1) of Section 18 wilfully refuses,
or without lawful excuse neglects, to furnish such information or return; or (f)
wilfully furnishes or causes to be furnished
any information or return which he knows to be false, he shall be punishable,- (i)
for the first offence, with fine which may
extend to one thousand rupees; (ii)
for the second and subsequent offences, with
fine which may extend to two thousand rupees; and (iii)
in respect of continuing contravention of the
provisions of Section 13, he shall be punishable with fine which may extend to
five hundred rupees for every day during which such contravention continues. (1)
Where an offence punishable under this Act
has been committed by a company, every person, who, at the time the offence was
committed, was in-charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly: Provided that nothing
contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge
or that he had exercised all due diligence to prevent the commission of such
offence. (2)
Notwithstanding anything contained in
sub-section (1), where any offence under this Act has been committed by a
company and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the
purposes of this section- (a)
“company” means any body corporate and
includes a firm, society, trust or other association of individuals; and (b)
“director” in relation to- (i)
a firm means a partner in the firm. (ii)
a society, trust or other association of
individuals means the person who: is entrusted under the Rules of the society,
trust or other association with the management of the affairs of the society,
trust or other association, as the case may be. (1)
Any offence punishable under this Act shall
be cognizable within the meaning of the code of Criminal Procedure, 1973 (Act 2
of 1974). (2)
No Court shall take cognizance of any offence
punishable under this Act, except upon complaint in writing by the Authority or
an officer generally or specially authorised by it in this behalf. No suit, prosecution or
other legal proceeding shall lie against the Government or the Authority or any
officer or employee in respect of anything which is done in good faith or
intended to be done in pursuance of this Act. No order passed, decision or
action taken or direction issued under this Act or the Rules made under this
Act shall be called in question in any Civil Court and no injunction shall be
granted by any Court in respect of any action taken or to be taken by the
Government or the Authority or any officer or employee in pursuance of any power
conferred under this Act. CHAPTER
V MISCELLANEOUS Every member of the
Authority and every officer or employee acting under or in pursuance of the
provisions of this Act or Rules or order or Notification made thereunder, shall
be deemed to be public servant within the meaning of Section 21 of the Indian
Penal Code (Act 45 of 1860). The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith contained in
any other law for the time being in force or any custom or usage or agreement
or decree or order of a Court or a Tribunal or other Authority. (1)
The Government may, in the public interest,
by order, direct the Authority to make an enquiry or to take appropriate
proceedings under this Act in any case specified in the order, and the
Authority shall report to the Government the result of the enquiry made or the
proceedings taken by it within such period as may be prescribed. (2)
The Government may issue such orders and
directions of a general character as they consider necessary in respect of any
matter relating to the powers and functions of the Authority and thereupon the
Authority shall give effect to such orders and directions. (1)
The Government may make rules to carry out
the purposes of this Act. (2)
Every rule made or every notification issued
under this Act shall, as soon as possible after it is made or issued, be placed
on the Table of the Legislative Assembly and if, before the expiry of the
session in which it is so placed or next session, the Assembly makes any
modification in any such rule or notification or the Assembly decides that the
rule or notification should not be made or issued, the rule or notification
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 anything previously done under that rule
or notification. If any difficulty arises in
giving effect to the provisions of this Act, the Government may, by an order
published in the Tamil Nadu Government Gazette, make such provisions, not
inconsistent with the provisions of this Act, as appear to them to be necessary
or expedient for removing the difficulty: Provided that no such order
shall be made after the expiry of a period of two years from the date of
commencement of this Act. (1)
The Tamil Nadu Groundwater (Development and
Management) Ordinance, 2003 (Tamil Nadu Ordinance 1 of 2003) is hereby
repealed. (2)
Notwithstanding such repeal, anything done or
any action taken under the said Ordinance shall be deemed to have been done or
taken under this Act. [1] Received
the assent of the Governor on the 4th March, 2003 and published in the Tamil
Nadu Government Gazette, Extraordinary, No. 68, dated March 4, 2003.Tamil Nadu Groundwater (Development and
Management) Act, 2003 [Repealed][1]
[Tamil Nadu Act 3 of 2003]