The Karnataka Ground Water (Regulation And Control Of Development And
Management) (Amendment) Act, 2024
[10
OF 2025]
[10th
January 2025]
PREAMBLE
An Act to amend the
Karnataka Ground water (Regulation and Control of Development and Management)
Act, 2011.
Whereas it is expedient to
amend the Karnataka Ground water (Regulation and Control of Development and
Management) Act, 2011 (Karnataka Act 25 of 2011) for the purposes hereinafter
appearing;
Be it enacted by the
Karnataka State Legislature in the seventy-fifth year of the Republic of India
as follows:
Section 1. Short title and commencement.
(1)
This Act may be called the Karnataka Ground
Water (Regulation and Control of Development and Management) (Amendment) Act,
2024.
(2)
It shall come into force at once.
Section 2. Amendment of section 2.
In the Karnataka Ground
Water (Regulation and Control of Development and Management) Act, 2011
(hereinafter referred to as the principal Act) in section 2, after clause (j),
the following shall be inserted, namely:-
"(j-a)
"Implementing Agency" with all its grammatical variations and cognate
expression in relation to a Government agency, public or private enterprise
that undertakes drilling bore-wells or tube wells, maintenance and supply of
water either directly or through contractors;"
Section 3. Amendment of section 11.
In section 11 of the
principal Act, after subsection (5), the following shall be inserted, namely:-
"(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."
Section 4. Insertion of new section 11A.
After section 11 of the
principal Act, the following new section shall be inserted, namely:-
"11A.
Measures to be taken by the land owner and implementing agency to extract and
use ground water in the area other than notified area.-
The Owner of the Land
(Excluding Farmer) or Premises or implementing agency in the area other than
notified area before digging the 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."
Section 5. Amendment of section 12.
In section 12 of the
principal Act, in subsection (8), for the words, "in order to avoid
untoward incidents" the words "or tube well as in such manner as may
be prescribed" shall be substituted.
Section 6. Insertion of New chapters IIIA and IIIB.
After section 21 of the
Principal Act, the following new chapters shall be inserted, namely:-
"CHAPTER-IIIA
MEASURES
TO PREVENT CHILDREN FALLING IN FAILED OR DEFUNCT ABANDONED OPEN BORE-WELL
21A.
Duties of the Drilling Agency, Implementing Agency and Land Owner.-
(1)
Immediately after the completion of drilling
the bore-well or tube well, the drilling agency or implementing agency, shall
cap the bore-well or tube well properly either by steel cap with bolts and nuts
or with a threaded cap as a safety measure to prevent fatal accidents.
(2)
In case of failed or abandoned or incomplete
drilled bore-well or tube well to avoid caving and collapse, the same shall be
filled with locally resourced stones and slurry and build a mound 2x2 above the
ground level. The mound shall be fenced with barbed wire or locally available
thorny plants. Such filling shall not be with solid waste or chemical waste
materials.
(3)
The drilling agency and/or the implementing
agency shall safely close failed or abandoned or incompletely drilled bore-well
or tube well as stated in subsection (2) within 24 hours and shall inform the
concerned authorities immediately the action taken in this regard along with
photographs of the closed bore-well or tube well and the concerned authority
shall after inspection issue a certificatecertifying the bore-well is properly
closed.
(4)
The drilling agency shall submit a
declaration to the nearest Gram Panchayat or Village Administrative Officer in
case of Rural Areas and Junior Engineer (Works), working under the respective
Municipal Commissioner or Chief Officer of the Jurisdictional Urban Local Body
as the case may be stating that, he has complied with requirements of above
sub-sections (1), (2) and (3).
(5)
In case of repairs immediately after the
removal of submersible pump or suction pipe, the owner (excluding farmer) or
servicing agency shall cap the borewell or tube well properly either by steel
cap with bolts and nuts or with a threaded cap as a safety measure to prevent
fatal accidents.
(6)
If the owner intends to rejuvenate
inoperative or defunct bore-well or tube well, the owner of the land (excluding
farmer) or premises shall have to safely close and cover such bore-well or tube
well either by steel cap with bolts and nuts or with a threaded cap as a safety
measure to avoid causalities.
21B.
Fixing Signboards at the bore-well or tube-well site.-
Drilling Agency shall erect
signboards at the time of drilling, repairs, rejuvenation of the bore-well or
tube well near the site displaying complete address of the Drilling Agency or
Implementing Agency or Owner of the land or premises.
21C.
Fencing the bore-wells or tube wells.-
The Drilling Agency shall
erect the barbed wire fencing or any other suitable barrier around the
bore-well or tube well during the drilling, repairs, rejuvenation to avoid
entry of unconnected persons or children.
CHAPTER-
III B
DUTIES
OF THE LOCAL AUTHORITIES
21D.
Duties of the local authorities.-
(1)
The Panchayat Development Officer of Gram
Panchayat, Village Administrative Officer, Junior Engineers or Officers of the
respective urban local authorities and boards such as the Bangaluru Water
Supply and Sewerage Board, Municipal Corporations and Municipalities including
implementing Government Agencies, as the case may be shall keep vigil on the
bore-wells or tube wells drilled and shall also ensure that the failed or
abandoned or defunct bore-wells or tube wells are closed properly to avoid
human causalities.
(2)
The Panchayat Development Officer of Gram
Panchayat, Village Administrative Officer, Junior Engineers or Commissioner or
Chief Officers of the respective urban local authority shall maintain a register
in respect of bore-wells or tube-wells as specified in proforma and submit a
quarterly report to the Ground Water Authority or to any officer authorized in
this behalf under section 21A.
(3)
The officer in-charge of implementing agency
of drinking water or irrigation or commercial schemes shall ensure that, the
operating bore-wells or tube wells are covered safely.
(4)
The Panchayat Development Officer of the
concerned Gram Panchayat shall display in the premises of panchayat office a
board in Kannada language regarding measures to be taken in respect of
successful or failed or abandoned or defunct or incompletely drilled bore-well
or tube well.
Section 7. Amendment of section 32.
In section 32 of the
Principal Act, for subsection (4), the following shall be substituted, namely:-
"(4)
Any person or drilling or digging agency which contravenes or fails to comply
with conditions of certificate of registration, except those mentioned in
subsection (1), shall be punishable with fine which may extend to ten thousand
rupees or imprisonment for a term which may extend to one year. In case of
subsequent and continuing failure or contravention the authority or any other
person authorized by it to exercise any of the powers under this Act may seize
and confiscate the drilling or digging equipment and machinery in the manner as
may be prescribed."
Section 8. Insertion of new section 32A.
After section 32 of the
Principal Act, the following new section shall be inserted, namely:-
"32A.
Punishment and penalties.-
(1)
If any person violates the provisions of
section 11A shall be punished with simple imprisonment for a term which may
extend to three months or with fine which may extend to five thousand rupees.
(2)
If any person violates the provisions of
section 21A shall be punished with simple imprisonment for a term which may
extend to six months and with fine which may extend to ten thousand rupees.
(3)
Failure on the part of drilling and servicing
agencies to comply with the provisions of section 21A shall be punished with
simple imprisonment for a term which may extend to one year and with fine which
may extend to twenty five thousand rupees.
(4)
If any drilling and servicing agency fails to
comply with the duties under sections 21B and 21C shall be punished with simple
imprisonment for a term which may extend to three months or with fine which may
extend to five thousand rupees.
(5)
Failure on the part of any authorities to
perform the duties under section 21D shall be treated as misconduct and liable
for disciplinary action."
Section 9. Insertion of new section 33A.
After section 33 of the
Principal Act, thefollowing new section shall be inserted, namely:-
"33A.
cognizable offences.-
Notwithstanding anything
contained in any other provisions of this Act, the offences specified in sub-section
(1),(2),(3) and (4)of section 32A shall be cognizable offences."
Section 10. Amendment of section 38.
In section 38 of the
Principal Act, in subsection (2), after clause (m), the following shall be
inserted, namely:-
"(n)
Maintaining registers and proformas under sections 11A and 26;
(o)
Duties of drilling agency, implementing agency and maintaining registers under
section 21A;
(p)
Size and fixing sign boards at the bore-well or tube well site under section
21B;
(q)
Fencing the bore-wells or tube wells to avoid entry of unconnected persons and
children under section 21C; and
(r)
Issuing notifications to designate an officer for each local authority or urban
local bodies or boards to inspect and supervise the defunct bore-well or tube
well."
Section 11. Power to remove difficulty.
(1)
If any difficulty arises in giving effect to
the Karnataka Ground water (Regulation and Control of Development and
Management) (Amendment) Act, 2024 the State Government may, by notification in
the Official Gazette, make such provisions as may appear to it to be necessary or
expedient for purpose of 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 the Karnataka Ground water (Regulation and Control of
Development and Management) (Amendment) Act, 2024.
(2)
Every order made under sub-section (1), shall
as soon as after it is made, be laid before the State Legislature.