In
exercise of the powers conferred by Section 49 of the Uttar Pradesh Ground
Water (Management and Regulation) Act, 2019 (U.P. Act 13 of 2019) the Governor
is pleased to make the following rules, namely- CHAPTER 1
PRELIMINARY (1)
These rules may be called the Uttar Pradesh Ground Water
(Management and Regulation) Rules, 2020. (2)
They shall come into force with effects from the date of their
publication in the Gazette. (1)
In these rules, unless the context otherwise requires,- (a)
"Act" means the Uttar Pradesh Ground Water (Management
and Regulation) Act, 2019 (U.P. Act 13 of 2019); (b)
"Challan" means receipt of depositing fee or any amount,
to be deposited in the Ground Water fund, created under Section 48; (c)
"Form" means a Form appended to these rules; (d)
"Section" means a section of the Act, unless specified. (2)
Words and expressions used but not defined in these rules, shall
have the same meanings as respectively assigned to them in the Act. CHAPTER II
TERMS OF OFFICE OF MEMBERS OF APPROPRIATE
AUTHORITIES The terms of office of the
members referred to in clauses (c), (d) and (e) of sub-Section (2) of Section
3, clauses (c), (d) and (e) of subsection (2) of Section 4, clauses (c), (d)
and (e) of sub-section (2) of Section 5, clauses (c), (d) and (e) of
sub-section (2) of Section 6 and clauses (16), (17) and (18) of sub-section (2)
of Section 3 shall be three years. The minimum qualification of the
members referred to in Rule 3 shall be as appended in "Appendix A" to
these rules. The meetings of the appropriate
authorities shall be at such time as may be directed by the Chairperson of an
Authority, provided that the period from two consecutive meetings shall not
exceed,- (a)
thirty days, in the case of Gram Panchayat Ground Water
Sub-Committee, Block Panchayat Ground Water Management Committee, Municipal
Water Management Committee, District Ground Water Management Council. (b)
ninety days, in the case of State Ground Water Management and
Regulatory Authority. HAPTER III
REGISTRATION OF WELLS IN NOTIFIED AND NON-NOTIFIED
AREAS (1)
Procedure, time-limits, format, fee and other provisions for the
grant of registration of users in Notified and Non-notified areas.-Any existing
Commercial or Industrial or Infrastructural or bulk user, who has sunk a well
for extracting or using ground water in notified area or non-notified area
before the date of coming into force of the Act, or any future Commercial or
Industrial or Infrastructural or bulk user in Non-notified area shall make, in
Form 1(A), an application referred to in sub-section (1) of Section 10 or
sub-section (1) of Section 11 of Act, within a period of ninety days from the
date of coming into force of the Act, to the District Ground Water Management Council; (2)
Any existing Commercial or Industrial or Infrastructural or bulk
user, who has sunk a well for extracting or using ground water in notified area
or non-notified area before the date of coming into force of the Act, and have
valid No Objection Certificate issued by either. Central Ground Water Authority
or by Ground Water Department, Uttar Pradesh for extracting or using ground
water, shall make, in Form 1(B), an application referred to in sub-section (1)
of Section 10 or sub-section (1) of Section 11 of Act, within a period of
ninety days from the date of coming into force of the Act, to the District
Ground Water Management Council; (3)
Every existing users of ground water, other than those mentioned
in sub-clause (1) of Rule 6, including domestic and agriculture users of ground
water, who have sunk well or boring in his or her premises or agricultural land
holdings, shall make, in Form 1(C), an application referred to in sub-section
(2) of Section 10 or sub-section (2) of Section 11 of Act, within a period of
six months from the date of coming into force of these rules, to the Block
Panchayat Ground Water Management Committee or Municipal Water Management
Committee, as the case may be; (4)
Every future users of ground water, other than those mentioned in
sub-clause (1) of Rule 6, including domestic and agriculture users of ground
water, who desires to sink well or boring in his or her premises or
agricultural land holdings, shall make, in Form 1(D), an application referred
to in sub-section (2) of Section 10 or sub-section (2) of Section 11 of Act to
the Block Panchayat Ground Water Management Committee for Municipal Water
Management Committee, as the case may be, prior to sinking of such well: Provided that a user who has sunk
more than one well for extracting or using ground water in the area shall be
required to submit separate application Form for each well. (5)
Form 1 shall be downloaded free of cost from the online web portal
www.upgwdonline.in. (6)
Improper filling up of Form, and failure to annex all necessary documents
specified in, Form 1 shall make the application liable to be rejected. (7)
All applications as mentioned in above sub-clauses shall be
submitted online at web portal www.upgwdonline.in. (1)
If any registered Commercial or Industrial or Infrastructural or
bulk user of ground water in notified area, having certificate of registration
wants to carry out any modification or alteration in registered well, he or she
or a group of persons or an agency (as the case may be) shall obtain clearance
for the same from State Ground Water Management and Regulatory Authority by
submitting Form 2(A) to respective District Ground Water Management Council.
For this, concerning user shall pay fee as prescribed in sub-rule (1) of Rule
10. (2)
If any registered Commercial or Industrial or Infrastructural or
bulk user of ground water wants to carry out any modification or alteration in
registered well in non-notified area, he or she or a group of persons or agency
(as the case may be) shall obtain clearance for the same from District Ground
Water Management Council by submitting Form 2(B) to respective District Ground
Water Management Council. For this, concerning user shall pay fee as prescribed
in sub-rule (1) of Rule 10. (1)
On receipt of the application under sub-rule (1) of Rule 6, if the
District Ground Water Management Council considers that the application is for
issuance of a certificate of registration under sub section (1) of Section 10
or sub-section (1) of Section 11 of the Act, it shall, after being satisfied in
its meeting, approve the case and grant certificate of registration in Form
3(A) to the user and if the concerned District Level Authority is not satisfied
with the case, it shall refuse to grant certificate of registration after
giving substantial reason and shall intimate accordingly to the user in Form
4(A). (2)
On receipt of the application under sub-rule (2) of Rule 6,
existing Commercial or Industrial or Infrastructural or bulk user, who submits
a copy of valid No Objection Certificate issued by either Central Ground Water Authority
or by Ground Water Department, shall automatically be registered. Such users
shall get electronically generated certificate of registration in Form 3(B),
within 15 days of online submission of proper application. (3)
On receipt of the application under sub-rule (3) and sub-rule (4)
of Rule 6, Agricultural and Domestic users of ground water shall automatically
be registered. Such users shall get electronically generated certificate of
registration in Form 3(C), within 15 days of online submission of proper
application. (4)
Users, whose application for grant of registration have been
rejected under sub clause (1), may apply to State Ground Water Management and
Regulatory Authority through Secretary of the Authority, for disposal of
application. Decision of State Ground Water Management and Regulatory Authority
in such cases shall be final. (5)
Any decision taken by the concerned District Ground Water
Management Council or Municipal Water Management Committee or Block Panchayat
Ground Water Management Committee, under this rule regarding grant or refusal
of certificate or registration shall be intimated to the user electronically,
within a period of one month from the date of receipt of such application. (6)
Users may also receive a duly signed copy of registration certificate
from office of the District Ground Water Management Council or Municipal Water
Management Committee or Block Panchayat Ground Water Management Committee, as
the case may be. (1)
For every registration certificate issued in Form 3(A) or 3(B), an
e-register shall be maintained at online web-portal www.upgwdonline.in. (2)
Each District Ground Water Management Council shall also maintain
a separate register of duly signed copies of registration certificate issued,
in Form 3(A) and 3(B). (3)
Each Municipal Water Management Committee shall also maintain a
separate register of duly signed copies of registration certificate issued in
Form 3(C). (4)
Each Block Panchayat Ground Water Management Committee shall also
maintain a separate register of duly signed copies of registration certificate
issued in Form 3(C). (1)
A Commercial or Industrial or Infrastructural or bulk user shall
deposit such amount of fee as decided by State Ground Water Management and
Regulatory Authority for filing application for registration of well as stated
in sub-rule (1) and sub-rule (2) of Rule 6. State Ground Water Management and
Regulatory Authority may periodically review the amount of fee for different
category of users of ground water. (2)
There shall be no fee for filing application under sub-rule (3)
and sub-rule (4) of Rule 6. (3)
The application fee referred to in sub-rule (1) and sub-rule (2)
shall be paid online and shall be deposited in Ground Water fund, created by
State Government. (1)
Any person including firm, agency or company, who desires to
perform drilling work for ground water extraction shall make, in Form 5(A), an
application referred to in sub-section (1) of Section 17 of the Act, to the
District Ground Water Management Council. (2)
Any person including firm, agency or company, who is engaged in
drilling work for ground water extraction prior to commencement of Act, shall
make, in Form 5(B), an application referred to in sub-section (2) of Section 17
of the Act, within a period of ninety days from the date of coming into force
of the Act, to the District Ground Water Management Council. (3)
On receipt of the application under sub-rule (1) of Rule 11, if
the District Ground Water Management Council considers that the application is
for issuance of a certificate of registration under sub section (1) of Section
17, it shall, after being satisfied in its meeting, approve the case and grant
certificate of registration in Form 6(A) to such drilling agency, and if the
concerned District Level Authority is not satisfied with the case, it shall
refuse to grant certificate of registration and shall intimate accordingly to
such person in Form 7(A). (4)
On receipt of the application under sub-rule (2) (sic of) Rule 11,
the District Ground Water Management Council shall issue certificate of
registration in Form 6(B) to such drilling agency within one month of receiving
the application. (5)
If any person including firm, agency or company, who desires to
perform drilling work in more than one district, he or she or as the case may
be shall be required to submit separate application Form for each district. (6)
If any person including firm, agency or company, who has already
obtained registration certificate for drilling work in one district and also
wants to register in another district he or she shall make, in Form 5(A) an application.
He or she shall also have to upload a copy already obtained registration
certificate with the form. (7)
On receipt of the application under sub-rule (6) (sic of) Rule 11,
the District Ground Water Management Council shall issue certificate of registration
in Form 6(B) to such drilling agency within seven days of receiving the
application. (8)
District Ground Water Management Council shall also ensure that
drilling agency registered under sub-rule (3), sub-rule (4) and sub-rule (7)
shall not execute drilling work in notified area or ground water quality
sensitive areas. (9)
Registered drilling agencies shall also online provide details of
drilling work executed in every three months. (10)
Any decision taken by the concerned District Ground Water
Management Council, under this rule regarding grant or refusal of certificate
or registration shall be intimated to the user electronically, within a period
of one month from the date of receipt of such application. (11)
Users may also receive a duly signed copy of registration from
office of the District Ground Water Management Council. (12)
Separate registers for issuance of registration certificate to
drilling agencies shall be maintained by District Ground Water Management
Council. (1)
Any applicant under sub-rule (1), sub-rule (2) or sub-rule (6) of Rule
11 shall deposit such amount of fee as decided by State Ground Water Management
and Regulatory Authority. (2)
The application fee referred to in sub-rule (1) shall be paid
online and shall be deposited in Ground Water Fund, created by State
Government. CHAPTER IV
GRANT OF AUTHORISATION /NO-OBJECTION (1)
Any future or existing user, under sub-clause (1) of Rule 6, who
does not have No-Objection Certificate issued by Central Ground Water Authority
or by Ground Water Department, Uttar Pradesh shall make, in Form 8(A), an
application to the District Ground Water Management Council for issuance of
grant of Authorisation /No-objection certificate. (2)
Form 8(A) shall be downloaded free of cost from the online web
portal www.upgwdonline.in. (3)
Such forms as are not duly filled or not enclosed with documents
specified in Form 8(A) shall be liable to be rejected. (1)
Any existing Commercial or Industrial or Infrastructural or bulk
user, who has sunk a well for extracting or using ground water in notified or
non-notified area, and have valid No-Objection Certificate issued by the
Central Ground Water Authority or the Ground Water Department before the date
of commencement of the Act, and desires to continue extraction of ground water,
shall make an application in Form 8(B). (2)
A user, having pre-existing right of ground water, shall apply for
renewal of No-objection after one year from the date of commencement of the Act
or on the expiry of the validity of existing No-objection Certificate,
whichever is earlier. (1)
On receipt of the application under Rule 13, if, the District
Ground Water Management Council considers that the application is for issuance
of grant of Authorisation/No-objection certificate under Section 14, it may
grant Authorisation/No-objection certificate in Form 8(C) to the user and if
the concerned District Ground Water Management Council is not satisfied with
the case, it shall refuse to issue certificate of grant of
Authorisation/No-objection and shall intimate accordingly to the user in Form
8(D). (2)
Application as received above shall be disposed by District
Council in accordance to the provisions of rules within thirty days of
receiving of application, otherwise it shall deemed to be issued. In case it is
found that the NOC issued as above in (sic is) not in accordance to the
provisions of Rule/Act, State Ground Water Management and Regulatory Authority
shall take appropriate action by fixing the responsibility of the person found
guilty. (3)
Authorisation/No-objection Certificate, issued under sub-rule (1)
shall be valid for a period of five years. In case of violation of any of the
condition of the No-objection Certificate or change in ground water status of
the area, State Ground Water Management and Regulatory Authority shall have the
right to either cancel the NOC or impose restrictions as the Authority find
appropriate. (4)
On receipt of the application under Rule 14, District Ground Water
Management Council shall forward the application to Ground Water Department for
technical comments. On recommendation of Ground Water Department, District
Ground Water Management Council, may renew Authorisation/No-objection
Certificate in Form 8(E) for such period as may be recommended by Ground Water
Department. (5)
Users, whose application for grant of Authorisation/No-objection
have been rejected under sub-rule (1), may prefer an appeal to State Ground
Water Management and Regulatory Authority within thirty days from the date of
receiving of the order. (6)
Any decision taken by the concerned District Ground Water
Management Council, under this rule regarding grant or refusal of certificate
of Authorisation/No-objection Certificate shall be intimated to the user by
registered post with due acknowledgement and electronically, within a period of
thirty days from the date of the receipt of such application: Provided that the user may
receive the copy of the intimation by hand from the office of the concerned
District Ground Water Management Council. Every District Ground Water
Management Council shall maintain separate register for issuing certificate of
Authorisation/No-objection Certificate. (1)
A Commercial or Industrial or Infrastructural or bulk user shall
deposit such amount of fee as may be decided by the State Ground Water
Management and Regulatory Authority for filing application for obtaining
certificate of Authorisation/No-objection Certificate for sinking a new well referred
to in sub-rule (1) of Rule 13. The State Ground Water Management and Regulatory
Authority may review the amount of fee for different category of users of
ground water time to time. (2)
After grant of authorisation on an application referred to in
sub-rule (1) of Rule 13, an annual amount of fee for ground water extraction,
as provided under Section 16 of the Act shall be deposited annually by such
user. Amount of fee for ground water extraction shall be determined by the
State Ground Water Management and Regulatory Authority. The State Ground Water
Management and Regulatory Authority may review the amount of fee of extraction
for different category of users of ground water, time to time. (3)
The fee referred to in sub-rule (1) and sub-rule (2) shall be paid
in such manner as prescribed in Form 8(A) and shall be deposited in Ground
Water Fund. CHAPTER V
IDENTIFICATION AND DEMARCATION OF NOTIFIED AREAS Identification and demarcation of
areas to be declared as Notified Areas, in the manner- (1)
Rural Areas: Under the provisions of the Act, for the purpose of
demarcation of the Notified Areas, the over exploited and critical blocks shall
be considered. The Ground Water Department, therefore, shall identify and
prepare the district wise list of blocks categorised as over-exploited and
critical blocks, based on the latest ground water resource assessment report. (2)
Urban Areas: In the Urban sector, as provided in the Act, the
stressed areas where ground water levels have depleted to critical/alarming
levels shall be considered for the purpose of declaring such areas as notified
areas. The Ground Water Department shall identify and delineate those urban
areas as stressed, where ground water levels have recorded a significant
decline of more than 20 cm per year during the last five years. (3)
The Ground Water Department shall submit the list of overexploited
and critical blocks and the stressed urban areas to the State Ground Water
Management and Regulatory Authority for notifying the said areas, as provided
in the Act. (1)
The State Ground Water Management and Regulatory Authority shall
have necessary consultations on the inputs provided by the Ground Water
Department related to overexploited and critical blocks categorised as per the
latest Ground Water Resource Assessment and the Stressed Urban areas identified
by the Department on the basis of analysis of ground water depletion. (2)
The Authority, thereafter, shall advice the State Government to
declare by Notification such areas as Notified Areas for the purpose of
implementation of different provisions of the Act. On the basis of
recommendation of Ground Water Department, the State Ground Water Management
and Regulatory Authority shall also advice State Government to discontinue or
redesign such Government schemes which are directly dependent on ground water
extraction. (3)
The State Government shall duly consider the recommendation and
advice of the State Authority for declaration of such areas as Notified Areas
by Notification, in the Gazette. (4)
The notification referred to in sub-rule (3) shall be uploaded on
the websites of all concerned departments and shall also be published in two
widely circulated newspapers in the area. CHAPTER VI
FIXING LIMIT OF ABSTRACTION OF GROUND WATER FOR COMMERCIAL, INDUSTRIAL, INFRASTRUCTURAL OR BULK USERS (1)
For fixing ground water abstraction limit for all the existing
Commercial, Industrial, Infrastructural or Bulk users of ground water, the
Ground Water Department, in consultation with stake holders, shall submit a
proposal to the State Ground Water Management and Regulatory Authority within
six month from the date of commencement of these rules. (2)
On the basis of proposal submitted by Ground Water Department,
State Ground Water Management and Regulatory Authority shall fix ground water
abstraction limits for all the Commercial, Industrial, Infrastructural or Bulk
users of ground water. (3)
Ground water abstraction limits fixed under sub-rule (2) shall be
written in the registration or authorisation certificate/No-objection
certificate for wells of existing Commercial, Industrial, Infrastructural or
Bulk users of ground water in Notified as well as Non-notified areas and for
all the new Commercial, Industrial, Infrastructural or Bulk users of ground
water in Non-notified areas, as the case may be, for the purpose of Section 15. CHAPTER VII
DEMARCATION AND DECLARATION OF GROUND WATER
QUALITY SENSITIVE ZONES Demarcation of Ground Water
Quality Sensitive Zone- (1)
To collect, evaluate and analyse ground water quality data and
related information for the purpose of generating an overview of the problem,
the Ground Water Department shall hold technical consultations with the expert
bodies such as Central Ground Water Board, Uttar Pradesh Jal Nigam, Central and
State Pollution Control Boards, Indian Institute of Toxicological Research,
National Institute of Hydrology, IITs and also those Institutions, which have
conducted area specific ground water quality studies, for providing the
existing data, reports and information on ground water quality for both rural
and urban segments of Uttar Pradesh. (2)
Based on the evaluation, analysis and mapping of such available
data, the Ground Water Department shall proceed to generate and develop a
comprehensive quality data base for the entire State. Subsequently, the
department shall identify those areas which are found affected with poor ground
water quality along with risk of pollution hazards on drinking and irrigation
water supplies. Such areas shall be demarcated and mapped as Ground Water
Quality Sensitive Zones. (3)
The department shall prepare a detailed district wise list of such
Ground Water Quality Sensitive Zones with their GPS locations. (4)
The complete information on ground water quality for the entire
state shall be submitted to the State Ground Water Management and Regulatory
Authority for onward action, with the objective to ensure protection of ground
water quality in such delineated zones through appropriate measures for
prevention and control of pollution and finding safe quality areas for potable
water supplies. (5)
State Ground Water Management and Regulatory Authority shall take
immediate action and will issue directions to concerned departments to change
or redesign their existing policies or schemes to ensure protection of ground water
quality in such delineated zones. All concerned departments shall have to
change or redesign their existing policies or schemes in such delineated zones. (6)
After issuance of direction in sub-rule (5), if District Ground
Water Management Council finds that any particular scheme of any department is
responsible for pollution of ground water in that district, the Council in such
cases shall immediately take action in consonance with the provision of the Act
and also shall submit a case to State Ground Water Management and Regulatory
Authority. (1)
The State Ground Water Management and Regulatory Authority shall,
after having necessary technical consultations on the information provided by
the Ground Water Department regarding ground water quality of the State,
recommend and advice the State Government to declare by Notification such areas
as Ground Water Quality Sensitive Zones for the purpose of the Act. (2)
The State Government shall duly consider the advice and
recommendation of the State Authority for declaration of Ground Water Quality
Sensitive Zones in the State and issue a Notification, both in Hindi as well as
English language under the sub-section (1) of the Section 24. The notification
shall also contain the directions of the State Government for the notified
area. (3)
The Notification shall be published in the Gazette and
subsequently as Public Notice in at least three daily regional newspapers
through the Information Directorate, U.P. Apart from the publication in
the newspapers, the Notification shall also be uploaded on the websites of all
concerned departments for wide circulation. CHAPTER VIII
PROCESS FOR FIXING STANDARDS OF TREATED WASTE
WATER AND PROCEDURE FOR INSTALLATION OF TREATMENT PLANT (1)
On the direction of the State Ground Water Management and
Regulatory Authority, the Ground Water Department, in consultation with Central
Ground Water Board, Central and State Pollution Control Boards, Uttar Pradesh
Jal Nigam shall submit a proposal to it for approval of standards for treated
waste within such time as may be directed by the said Authority. (2)
On the basis of proposal submitted by Ground Water Department,
State Ground Water Management and Regulatory Authority shall approve standards
for treated waste water. (3)
State Ground Water Management and Regulatory Authority shall issue
direction to each District Ground Water Management Council for compliance of
approved standard while granting No-objection to user of ground water. (1)
The State Ground Water Management and Regulatory Authority shall
ensure through District Ground Water Management Councils that all Commercial,
Industrial, Infrastructural or Bulk user of ground water that pollute ground
water or surface water, will install treatment plants within a period of one
year from the date of commencement of these rules. (2)
Each District Ground Water Management Council shall conduct
physical verification of all Industries in the district thereof, within two
months from the date of commencement of these rules. (3)
On the basis of report of physical verification, the District
Ground Water Management Council shall prepare a list of those industries, which
have not constructed appropriate treatment plant. (4)
List of each district as prepared under sub-rule (3) shall be
submitted to the State Ground Water Management and Regulatory Authority. (5)
The State Ground Water Management and Regulatory Authority shall
direct the industries referred to in sub-rule (4) that the industries which
have not installed appropriate treatment plants shall install the said plant
within a period of six months from the date (sic of) issuance of the direction. (6)
After end of six month period of direction under sub-rule (5),
each District Ground Water Management Council shall again conduct physical
verification of all Industries in concerning districts in two months period. On
the basis of report of physical verification, District Ground Water Management
Council shall again prepare a list of those industries, which have not complied
to the direction issued by State Ground Water Management and Regulatory
Authority under sub-rule (5). (7)
List of each district as prepared under sub-rule (6) shall again
be submitted to State Ground Water Management and Regulatory Authority. (8)
State Ground Water Management and Regulatory Authority shall take
action against such user of ground water, who still fails to set up treatment
plant within the said period, by: (i)
issue order for construction of necessary treatment plant at such
user's cost by the agency identified by the State Ground Water Management and
Regulatory Authority; (ii)
direct District Ground Water Management Council of concerning
district to issue order for start of prosecution under the provisions of
sub-section (2) of Section 39 of the Act. (1)
State Ground Water Management and Regulatory Authority shall
monitor through Appropriate Authorities that,- (a)
no Government department/undertaking/Corporation, etc. discharge
untreated effluent into ground water or surface water. (b)
no untreated nala or sewer, etc. are directly discharged into
rivers/ponds/lakes or any ground water or surface water. (2)
Each District Ground Water Management Council shall conduct
physical verification for process of effluent discharge adopted by such
Government bodies as provided under sub-rule (1), within two months from the
date of commencement of these rules. (3)
On the basis of report of physical verification, District Ground
Water Management Council shall prepare a list of the Government bodies referred
to in sub-rule (1), which have not adopted appropriate process for treating
effluent and are directly discharging untreated effluent into ground water or
surface water. (4)
List of each district as prepared under sub-rule (3) shall be
submitted to State Ground Water Management and Regulatory Authority. (5)
The State Ground Water Management and Regulatory Authority shall
issue such instructions to Government bodies referred to in sub-rule (4), so as
to ensure: (a)
the construction of appropriate treatment plants within one year
from the date of issuance of the said instruction, or (b)
to make functional the existing treatment plants within six months
from the date of issuance of the said instruction. (6)
At the end of period specified under sub-rule (5), each District
Ground Water Management Council shall again conduct physical verification of
those Government departments/undertakings/Corporations/bodies, etc. which have
not yet adopted appropriate process for treating effluent and are still directly
discharging untreated effluent into ground water or surface water, within two
months. (7)
List of those Government bodies, who have not complied to the
advisory issued by State Ground Water Management and Regulatory Authority under
sub-rule (6) shall be submitted to State Ground Water Management and Regulatory
Authority for action. CHAPTER IX
RAIN WATER HARVESTING (1)
Appropriate Authorities shall ensure that Rain Water Harvesting
Structures have been properly constructed by all users having plot area of 300
square meters or more. Installation of rain water harvesting structures shall
be made compulsory for different users in phases, described hereunder: Provided that- Installation of Rain Water
Harvesting Structures shall be compulsory for every such user, who have
submersible pump or any similar ground water extracting device for extraction
of ground water in his or her premises. (2)
In first phase, every Government Department/Semi-Government
Department/Authorities/Aided Institutions/Public Sector Undertaking (either
fully or partially funded by Government), Private Institutions or
Organisations, having plot area of 300 square meters or more, or who are
extracting ground water through submersible pumps or similar devices, shall
also ensure that Rain Water Harvesting Structures have been properly
constructed in their premises within one year of date of commencement of Act. (3)
In second phase (after one year of first phase), every user other
than those mentioned in sub-rule (2), having plot area of 300 square meters or
more, or who are extracting ground water through submersible pumps or similar
devices, shall also ensure that Rain Water Harvesting Structures have been
properly constructed in their premises, within one year of end of first phase. (4)
After installation of Rain Water Harvesting Structures, every user
shall inform online on web portal www.upgwdonline.in. (5)
If such user under sub-rule (2) and sub-rule (3), fails to do so,
he or she or concerning body shall be punished in such manner and with such
punishment as may be determined by the State Ground Water Management and
Regulatory Authority. (6)
Besides punishment referred to in sub-rule (5), submersible pump
or any other ground water extracting device shall immediately be disconnected,
sealed and seized by the Municipal Water Management Committee. (7)
Area specific design of Rain Water Harvesting Structures and
quantum of recharge shall be decided by State Ground Water Management and
Regulatory Authority. Such designs shall also be made available online. (8)
Ground Water Department shall also circulate list of competent
technical persons, who shall provide necessary technical assistance for
installation of appropriate Rain Water Harvesting Structures. (9)
Appropriate Authorities shall organise training programs for
demonstrating rain water harvesting techniques. Appropriate Authorities shall
also invite different non-government organisations to participate in such
training programs. (10)
Appropriate Authorities shall also conduct awareness campaign to
sensitise different users for rain water harvesting. (11)
State Ground Water Management and Regulatory Authority shall also
ensure that all concerning Institutions like 'All India Council of Technical
Institution', 'Medical Council of India', University Grants Commission, or
similar bodies shall include installation of appropriate rain water harvesting
structure into their building norms while issuing No-Objection Certificate. (12)
District Ground Water Management Council shall also issue
direction to concerning implementing department to rejuvenate the defunct wells
for water harvesting work. Appropriate Authorities shall also issue
direction to concerning implementing department to take appropriate actions for
water harvesting, viz., reuse the surplus drawl water of hand pumps, etc. in
urban and rural areas. CHAPTER X COMPOUNDING OF OFFENCES The application for compounding
of an offence shall be made in the form appended as Appendix (B) to these
rules. CHAPTER XI GRIEVANCE REDRESSAL (1)
Any aggrieved person may submit his or her grievance with
sufficient justification online at web portal www.upgwdonline.in on issues
referred to in sub-section (2) of Section 43 of the Act. (2)
The District Ground Water Grievance Redressal Officer may if
require issue notice to the alleged user to submit his or her explanation
within a period of thirty days from the receipt of grievance application. (3)
The alleged person shall submit his or her explanation to District
Ground Water Grievance Redressal Officer, within a period of thirty days of
receiving notice. (4)
District Ground Water Grievance Redressal Officer shall decide the
grievance and communicate his or her decision to the aggrieved person within
thirty days of receiving of explanation of alleged user. The aggrieved person may prefer
an appeal against the decision of the District Ground Water Grievance Redressal
Officer to the State Ground Water Management and Regulation Authority within
thirty days from the date of receipt of the decision of the District Ground
Water Grievance Redressal Officer. CHAPTER XII MISCELLANEOUS (1)
District Ground Water Management Council shall identity such
existing Government schemes which either encourage excessive ground water drawl
or have adverse impact on water quality of that area. (2)
District Ground Water Management Council shall submit proposal for
revisiting such schemes to State Ground Water Management and Regulatory
Authority. (3)
State Ground Water Management and Regulatory Authority shall take
immediate action and will issue directions to concerned departments to change
or redesign their existing policies or schemes. All concerned departments shall
have to change or redesign their existing policies or schemes in such
delineated zones. Anything, which has not been
provided in these rules shall be put before State Ground Water Management and
Regulatory Authority. Decisions, in such cases shall be taken in consonance
with the provisions of Act, and communicated accordingly. [Ed.: For Forms see SCC OnLine]UTTAR PRADESH GROUND WATER MANAGEMENT AND
REGULATION RULES, 2020
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