KERALA GROUND WATER (CONTROL AND REGULATION) ACT, 2002
(1) This Act may be called the Kerala Ground Water (Control and Regulation) Act, 2002.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint:
Provided that different dates may be appointed for different areas and for different provision of the Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of such provision.
(1) In the Act, unless the context otherwise requires,--
(a) "Authority" means "the State Ground Water Authority" constituted under sub section (1) of section 3 of this Act;
(b) "Government" means the Government of Kerala;
(c) "Ground Water" means the water which exist below the surface of the ground at any location or at any particular category of locations;
(d) "notified area" means the area notified under sub section (1) of section 6 of this Act;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "pumping well" means a well f
(1) The Government shall, by notification in the Gazette, constitute an authority called the State Ground Water Authority with effect from such date as, may be specified therein,
(2) The authority shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable and to enter into contract and shall by the name of the Authority sue and be sued.
(3) The Authority shall consist of the following members, namely:--
(i) the Secretary to Government, Water Resources Department;
Ex-officio, who shall be the Chairman of the Authority;
No act done or proceedings taken by the authority shall be invalidated merely on the following reasons --
(a) any vacancy or any defect in the constitution of the authority; or
(b) any defect or irregularity in the appointment of a person acting as a member of the authority.
All officers and other employees of the Ground Water Department shall, for the purposes of this Act, be considered as the officers and staff of the Authority and they shall exercise the powers and perform the duties assigned to them from time to time by the Authority in writing:
Provided that the Government may depute such number of scientists and technicians, as it may deem necessary for the purpose of the proper functioning of the Authority under this Act or for the proper exercise of the powers under this Act.
(1) The Government may, if satisfied on the recommendation of the authority, that it is necessary in the public interest to regulate the extraction or use of ground water of any area, declare by notification in the Gazette, such area as notified area for the purpose of this Act, with effect from such date as may be specified therein.
(2) Every notification issued under sub-section (1) shall be published in the Gazette as well as in two daily newspapers having wide circulation in the said areas and a copy of the same shall be exhibited on the notice board of the office of the Grama Panchayat or Municipality, as the case may be and Village Office of the said area.
(3) The Government may, if satisfied on the recommendation of the Authority, that the availability of Ground Water has increased in any notified area, cancel the notification iss
(1) Any person desiring to dig a well or to convert the existing well into a pumping well, for his own or social purpose in the notified area, shall submit an application before the Authority for the grant of a permit for the purpose and shall not proceed with any activity connected with such digging or convertion unless a permit has been granted by the Authority.
(2) Every application under sub-section (1) shall be in such form and shall contain such particulars as may be prescribed.
(3) The Authority shall acknowledge the receipt of every application in the manner as may be prescribed.
(4) On receipt of an application under sub-section (1) the Authority shall, if satisfied that it shall not be against the public interest so to do, grant, subject to such conditions as may be prescribe
(1) Every owner of the existing wells of the notified area in the State shall, within a period of one hundred and twenty days from the date of constitution of the Authority, register the wells existing and in use and shall apply to the Authority in such form and in such manner as may be prescribed for a certificate of registration:
Provided that if the Authority is satisfied that there are sufficient reasons for the applicant for not submitting the application within the said time limit it may entertain the application submitted thereafter.
(2) The details to be furnished in an application under sub-section (1) shall contain such particulars and shall be in such manner as may be prescribed.
(3) On receipt of an application under sub-section (1) the Author
(1) All users of ground water in the State shall within one hundred and twenty days from the date of constitution of the Authority, apply to be registered with the Authority as a user of ground water in the State and for grant of certificate of registration.
(2) On receipt of an application under sub-section (1) the Authority shall, if satisfied that it shall not be against public interest so to do, grant registration subject to the conditions and restrictions as may be prescribed, and issue a certificate of registration or reject the application:
Provided that no application for registration shall be rejected without giving the applicant an opportunity of being heard.
(1) Notwithstanding anything contained in this Act, no person shall without the permission of the Authority dig well for any purpose within thirty meters from any drinking water source from where water is pumped for public purpose:
Provided that the provisions in sub-section (1) shall not apply to the digging of a well for any drinking water scheme implemented by the Government or local bodies.
(2) Every application for permission under sub-section (1) shall be in such form as may be prescribed and shall be submitted to the Authority with such fees as may be fixed.
(3) On receipt of an application under sub-section (2) and if it is satisfied that digging of well shall not adversely affect the public drinking water source, permission may, subject to suc
At any time after any permit or certificate of registration has been granted, the authority may, after giving the owner an opportunity of being heard, make change, amend or modify the conditions, in the permit or certificate of registration, as the case may be, on technical reasons:
Provided that before taking such action, the Authority shall ensure that no standing crops are damaged by this decision.
The Authority may, if satisfied on receipt of any information or on the basis of its own studies, that,-
(a) the permit or certificate of registration under this Act is not based on facts;
(b) the holder of the permit or certificate of registration has, without any reasonable cause, failed to comply with the conditions subject to which the permit or the certificate of registration has been issued, or has contravened any of the provisions of this Act or the rules made thereunder; or
(c) a situation has arisen which warrants limiting of the use of extraction of ground water in the area around the well;
without prejudice to any other penalty to which the holder of the permit or certificate of registration may
The Government shall, after due appropriation made by the State Legislature by law in this behalf, provide to the Ground Water Authority by way of grants such sum of money as it may consider necessary for carrying out the purposes of this Act.
The Authority shall have a Fund to be called the Ground Water Authority Fund and,--
(a) all sums of money received by the Authority by way of grant, loan or otherwise from the Central or State Governments or from Financial Institutions;
(b) all other sums of money received by, or on behalf of, the Authority; shall be credited to it.
(2) The Ground Water Authority Fund shall be utilized for meeting the expense of the activities of the Authority.
(1) The Authority shall have power;--
(a) to enter any property and to measure the quantity of water located on the surface of earth or under the earth;
(b) to inspect any well which is dug or being dug and the soil and other materials excavated therefrom;
(c) to take samples of such soil or other materials or water extracted on such wells;
(d) to require, by order in writing the persons digging a well to keep and preserve in such manner as may be prescribed, the samples of soil or materials extracted from there as directed by the Authority for a period not exceeding three months from the date of completion or abandonment of the work;
&
Every order under section 1 shall be furnished to the user in such manner as may be prescribed.
The Authority may, by general or special order in writing, direct that all or any of the powers and duties to be exercised or performed by it shall be exercised or performed by such employee of the Authority under such circumstances and on such conditions as may be specified therein.
All members and employees of the Authority while acting or purporting to act under the provisions of this Act or any rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860);
No suit, prosecution or other legal proceedings shall lie against the Government or Authority or any officer of the Government or any member or other employee of the Authority for anything which is in good faith done or purported to be done under or in pursuance of this Act or the rules made thereunder.
No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence submitted with the prior permission of the Secretary of the Authority.
(1) If any owner or user of a well contravenes any of the provisions of this Act or Rules made thereunder or fails to comply with the rules, in furnishing any information in the manner prescribed, he shall be punishable,--
(i) with fine which may extend to five hundred rupees for the first offence; and,
(ii) with fine which may extend to one thousand rupees for the second and subsequent offences.
(2) If for the unauthorised digging or construction or use of wells any user of ground water or the owner of a well,--
(a) contravenes any of the provisions of this Act or the rules made thereunder or fails to comply with the same; or
The Authority may in such manner as may be prescribed, compound any offence, under this Act which is liable to be punished with a fine not exceeding two thousand rupees.
If an offence punishable under this Act is committed at any time by a company every person who is in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence and the company shall be deemed to be responsible for the offence and shall be liable to be proceeded against and punished accordingly:
Provided that where any offence under this Act has been committed by a company and it is proved that the commission of the offence is with the consent and connivance or attributable to any neglect on the part of any Director, Manager, Secretary or other officer of the company such Director, Manager, Secretary or other officers shall be deemed to be responsible for that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For t
(1) Any person aggrieved by the decision or action of the Authority under this Act may, within thirty days from the date on which such action is taken or the date of communication of that decision to him, and remitting such fees as may be determined, prefer an appeal to such Authority as may be prescribed:
Provided that the Appellate Authority may, entertain an appeal preferred after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not filling the appeal in time.
(2) On receipt of an appeal under sub-section (1) the Appellate Authority shall dispose of the appeal as early as possible after giving the appellant a reasonable opportunity of being heard.
(1) The Authority shall maintain true and proper accounts and other relevant records and prepare an annual statement and a balance sheet containing accounts of income and expenditure in such form and in such manner as may be prescribed.
(2) The accounts of the Authority shall be inspected and audited in accordance with the provisions of the Kerala Local Fund Audit Act, 1994 (14 of 1994).
(3) The accounts of the Authority as audited and certified together with the audit report thereon shall be forwarded annually to the Government and the Government shall, as early as possible cause the same to be laid before the Legislative Assembly.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Government, may by order, do anything not inconsistent with the provisions of this Act, which appear to be necessary for the purpose of removing the difficulty;
Provided that Government shall not issue any order under this sub-section after the expiry of two years from the date of commencement of this Act.
(2) Every order issued under sub-section (1) shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly make any modification in the order or decides th
(1) The Government may, by notification the Gazette, make rule to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power such rules may provide for the following matters, namely:--
(a) service conditions of the members of the Authority;
(b) procedure for convening meetings of the Authority and other matter ancillary thereto;
(c) powers and functions of the Secretary of the Authority;
(d) duties and service conditions of the staff of the Authority;
(e) any other manner of issuing notifi
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