(1) Any user of ground water as defined under sub-section
(j) of section 2 desiring to sink a well in the notified area for any purpose either on personal or community basis as commercial / industrial user, shall apply to the State Authority in prescribed form of application for grant of a permit for this purpose, and shall not proceed with any activity connected with such sinking unless a permit has been granted by the State Authority:
Provided that the person or persons shall not have to obtain a permit if the well is proposed to be fitted with a hand operated manual pump or water is proposed to be withdrawn by manual devices.
(2) (a) Every application under sub-section (Z) shall be made in such form,shall contain such particulars and in such manner as may be prescribed.
(b) Each application should accompany an administrative fee o f Rs. 100/-(Rupees One hundred) only in case of an individual in rural areas and Rs.200/- (Rupees Two hundred) only in case of an individual in urban areas. In case of application submitted by a Company, Society etc. the fee is Rs. 1000/- (Rupees One thousand) only for rural areas and Rs.2000/- (Rupees Two thousand) only for urban areas. The fee is payable in favour of Assam State Ground Water Authority.
(3) On receipt of an application under sub-section (1), the application shall be endorsed to an Investigating Officer who shall visit the site and shall after making necessary enquiry on the following points, submit a report w,ith his recommendation to the State Authority
(a) geology and geomorphology of the area;
(b) observation o f existing well, if any;
(c) measurement of non-pumping water level in the surrounding area;
(d) brief lithology of the area, if available;
(e) spacing o f Ground Water structures;
(f) prospect of Ground Water availability;
(g) feasibility for Ground Water Development;
(hl n ne of v ell (DTW. STW Dun Wei! - o • THE ASSAM GAZETTE, EXTRA ORD. 4 ARY, MAY 19, 2012 Registration o f existing users in notified areas 2011
(i) basement structure study in hard rock terrain;
(j) quality o f Ground Water.
(4) On the basis of the report received, the authorized officer of the State Authority shall either grant or refuse to grant a permit:
Provided that no person shall be refused a permit unless he has been given a reasonable opportunity of being heard.
(5) The decision regarding the grant or refusal of the permit shall be intimated by the State Authority to <• the applicant within a period of 45 (forty-five) days from the date of receipt of the application.
(6) In granting or refusing a permit under sub-scction
(4), the State Authority shall have regard to —
(a) the purpose or purposes for which the water is to be used;
(b) tire existence of other competitive users;
(c) availability of ground water;
(d) quality of ground water with reference to use;
(e) spacing o f ground water structures keeping in consideration the purpose for which the water is to be used;
(f) long term ground water level behaviour;
(g) any other factor relevant thereto.
(7) The State Authority would enforce community centres like Hospitals, Educational Institutions, Industrial Complexes, Fiat Complexes, Hotels etc. in the notified area to undertake measures for replenishment of ground water by artificial recharge structures like Roof Water Harvesting Structures etc.
(8) The permit shall be in such form as may be prescribed.