(1) Any person desiring to dig a well or to convert the existing well into 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 it 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 prescribed permit authorizing to draw ground water or reject the application.
Provided that no person shall be refused a permit without giving an opportunity of being heated.
(5) The decision regarding the grant or refusal of the permit shall be communicated to the applicant by the Authority in writing with in ninety days from the date of receipt of the application.
(6) Where the Authority received the application under sub-section (1) fails to inform “the applicant” of its decision on the application within ninety days from the date of receipt of the application, the permit shall be deemed to have been granted to the applicant and such person shall for the purpose of this Act be deemed to be a permit holder.
(7) In granting or refusing the permit the Authority shall consider the following matters, namely:-
(a) the purpose or purposes for which the water is used;
(b) the other existing users of that locality
(c) the availability of ground water of that area;
(d) the quality of ground water in connection with its use;
(e) the distance of the proposed well with the adjoining well and the number of wells in the area and the chance of interference with existing wells;
(f) chances of ground water pollution;
(g) the long term nature of ground water level in the area
(h) any other factors relevant thereto
8. Registration of the existing wells of the notified area-(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 manners as may be prescribed for a certificate or 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 Authority shall, if satisfied that it shall not be against the public interest so to do, register the well subject to such conditions and restrictions as may be prescribed and issue a certificate of registration to the applicant or reject the application.
Provided that no application for registration shall be rejected without giving the applicant an opportunity of being heard.
(4) The decision regarding the grant or refusal of certificate of registration shall be communicated to the applicant by the Authority within ninety days from the date of receipt of the application.
(5) The Authority shall consider the following matters before granting or rejecting the application for registration of well under sub-section (3) namely:-
(a) the purpose for which water is used;
(b) the other existing users of that locality;
(c) the rate of re-charge of the area of influence of the well;
(d) the quality of ground water in the location;
(e) the long term nature of water level of well;
(f) the other relevant factors.
(6) The Certificate of registration shall be in the form prescribed.
(7) Until the Authority intimates the decision regarding grant or rejection of registration under sub-section (1), every owner of existing well in the notified area shall be entitled to the continued use of ground water in the same manner as before the date of application.
(8) In case a registered well becomes unuseful, the owner shall inform the matter in writing to the Authority immediately.
(9) Registration of user of Ground Water- 1 [(1) Every user of ground water in the State shall, within such time as may be notified by the Government in this behalf, apply to the Authority for registration as a user of ground water and for the grant of a 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.
(10) Protection of Public drinking water sources:-(1) Nowithstanding anything contain in this Act, no person shall without the permission of 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 provision 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 such restrictions and conditions mentioned therein, be granted to dig the well for the purpose of drinking water or for agriculture:
Provided that if the decision of the Authority is not communicated to the applicant within ninety days from the date of application permission shall be deemed to have been granted and the permission so deemed to have beengranted shall be subject to the laws in this regard.
11. Power to make changes to the conditions in the permit or certificate of registration- At any time after any permit or certificate of registration has been granted, the authority may, after giving the owner an opportunityof being heard, make change, amend or modify the condition, 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.
1. Substituted by Act 22 of 2005.
12. Cancellation of permit or certificate of registration- The Authority may if satisfied on receipt of any information on or on the basis of its own studies that,-
(a) the permit it or certificate of registration under this Act is not based on facts;
(b) the holder of the permit or certificate or 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 rules made thereunder; or
(c) a situation has arisen which warrants limiting of the use or extraction of ground water in the area around well;
without prejudice to any other penalty to which the holder of the permit or certificate of registration may be subjected to under this Act, and after giving the holder of permit or certificate of registration an opportunity of being heard cancel the permit certificate of registration.