(1) This Act may be called the Assam Ground Water Control and Regulation Act, 2012.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different areas of the State of Assam.
2. In this Act, unless the context otherwise requires,
(a) “Act” means the Assam Ground Water (Control and Regulation) Act, 2012;
(b) “artificial recharge to ground water” means the process by which ground water reservoir is augmented at a rate exceeding that under natural condition of replenishment;
(c) “drinking water” means water for consumption or use by human population for drinking and for other domestic purposes which shall include consumption or use of water for cooking, .bathing, washing, cleansing and other day-today activities. It shall also include water meant for consumption by livestock;
(d) “ground water” means the water that exists below the surface of the ground at any particular location;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “rain water harvesting” is the technique for collection and storage of rainwater at surface or in sub-surface aquifer;
(g) “State Government” means the State Government of Assam;
(h) “State Authority” means the Assam State Ground Water Authority established under section 3 of this Act;
THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 19, 2012 2007
(i) “Sink”, with all its grammatical variations and cognate expressions in relation to a well, includes digging, drilling or boring of new wells or deepening and modification (of radials and galleries) of the existing wells;
(j) “User of ground water” means the person or persons or an institution including a company or an establishment, whether Government or non-governmental who or which extract or use or sell ground water for any purpose including domestic use made either on a personal or community basis;
(k) “Well” means a structure sunk for the search or extraction of ground water by a person or persons except by the authorized officials of the State or Central Government for carrying out scientific investigations, exploration, development, augmentation, conservation, protection or management of ground water and includes open well, dug well, bore well, dug-cum-bore well, tube well, filter point, collector well, infiltration gallery, recharge well, disposal well or any of their combinations or variations:
Provided that it will exclude a well of any variant used by person or persons drawing ground water by manual devices like hand pump or rope or bucket.
CHAPTER-II Establishment of State Ground Water Authority and Zonal Ground Water Authorities.
(1) Constitution of the Assam State Ground Water Authority,-
(i) The State Government shall, by notification in the Official Gazette, establish with effect from such date as may be specified in the notification, an authority to be known as “the Assam State Ground Water Authority” to exercise the powers conferred on and to perform functions assigned to the State Authority under this Act.
(ii) The State Authority shall consist of the following;-
(a) Secretary to the Government of Assam, Irrigation Department
(b) Chief Engineer, Minor Irrigation, Assam Ex-officio Chairman Ex-officio Member
(c) Chief Engineer, Public Health Engineering Department, Assam Ex officio Member
(d) Chief Engineer, Agriculture Department, Assam Ex- officio Member
(e) director, Geology & Mining, Assam Ex-officio Member Secretary
(f) A representative of the Guwahati Metropolitan Development Authority (GMDA) to be nominated by the GMDA Member 2G08 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2012 .......... Member Ex-Officio Member -------- Member -------- Member -------- Member
(g) A representative of State Pollution Control Board to be nominated by the Board.
(h) Chief Engineer, Guwahati Municipal Corporation
(i) A representative of the Urban Development Department, Government of Assam, to be nominated by the Department
(j) A representative of the Central Ground Water Board (CGWB), to be nominated by the Chairman, CGWB
(k) 2 (Two) representatives of the public i industries etc. to be nominated by the State Government as Non- Govemmentdl Member
(iii) The term of office and manner of filling the vacancies and other conditions of service of the nominated members shall be such as may be prescribed.
Civ) The Head Quarters of the State Authority shall be located in the office premises of the Irrigation Department, Chandmari, Guwahati-3 until separate arrangement is made and notified by the State Government.
(2) Constitution of Zonal Ground Water Authorities
(i) The State Government shall, with effect from such date as may be specified, by notification in the Official Gazette, constitute Zonal Ground Water Authorities in respect of each area and jurisdiction of a Superintending Engineer of ‘ ■ the Irrigation Department to exercise powers conferred on and to perform functions as assigned to it, by the State Authority under this Act.
(ii) The Zonal Ground Water Authority shall consist of the following:-
(a) The Superintending Engineer of the Irrigation Department of the respective area and jurisdiction shall be the Chairman of the Zonal Ground Water Authority.
The respective Executive Engineer of the Public Health Engineering Department posted and working at the Head Quarters of the respective Superintending Engineer, Irrigation Department shall be the Member Secretary of the Zonal Ground Water Authority;
(b) 4 (Four) officials, on the recommendation of the State Authority, shall be nominated by the State Government to the Zonal Ground Water Authority;
(c) 2 (Two) persons shall be nominated by the State Government from amongst the Members of the Municipal Corporation or the Municipal Board functioning within the area and jurisdiction of the Zonal Ground Water Authority;
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2012 2009 Staff of the State Authority.
Powers to notify areas for control and regulation of ground water development.
(d) 2 (Two) nou-officials to be nominated by the State Government to represent the Industries or Trade or of Public Interest which in the opinion of the State Government ought to be represented:
Provided that such members shall have no • voting right.