T%R# i"w-33004 I 2001 RE@IS'I"I$,WD NO. DL-3300412001 mm EXrnORDrnARY ovm n - m i PAKT I1 - §ection 1 3T@Fmf43mlh PUBLISHED BY AUTHORITY Fk 261 4m1 M 5, 2001 / 15, 1923 No. 261 NEW DELHI, MONDAY, AUGUST 6,2001 / SRAVANA 15,1923 Separate paging is given to this Part in order that it may be filed as a separate cornpilatiom.
ISTRY OF LAW, JUSTICE AND COIMFAW AFFAIRS (Legislative Department) New Delhi, the 6th August, 2001lSravana 15, 1923 (Saka) THE L A K S W W E E P GROUND WATER (DEVELOPMENT AND CONTROL) REGULATION, 200 1 No. 1 OF 2001 Promulgated by the President in the F@-second Year of the Republic of' Indiz.
A Regulation to provide for developing and controlling the extraction of ground watcr i.n _the Uijon temtoxy of Lakshadweep and for matters connected therewith or incidental thereto.
In exercise of the powers conferred by article 240 of the Constitution, the President is pleased to promulgate the following Regulation ma& by him:-
1. (I) This Regulatiori may be called the Lakshadweep Ground Water Short title, (Tlwelopment 'and Control) Regulation, 2001. cxtent and commence- (2 ) It extends to the tvhole of thc Unioti terntory of Lakshadweep. ~xa.ent.
(-3) It shall come into f ~ r c c on such date as the Ackunistrator may, try notification, appipt arid different dates- may- be appointed for different , kfinitions. 2. In this Regulation,, unless the context otherwise requires,- - .
(a) "Administrator" means the Administrator of the Uiuon territory of Lakshadweep appointed by the President under article 239 of the Constitution;
(b) "Authority" means the Ground Water. Authority constituted under sub-section (I) of section 3;
(c) "bye-laws" means the bye-laws made by the Authority under ths Regulation;
(d) "collector well" means masonry or concrete well or well made with other suitable building materials, with side and bottom suitably sealed against seepage, for storing water through a number of infiltration (porous) pipes laid in a slop in one or all directions, for the purpose of skimming the water from top of water lens with coral island f~imations;
. . - - (e) "Fund" means the Fund constituted under section 19;
Gf) "ground water" means the water which exists below the surface of the ground at any particular location;
(g) "island" means an island as defined in clause (d) of sectiorl2 of the Lakshadweep Island Councils Regulatiofl 1988; Reg. 4 of
1988.
(h) "member" means the member of the Authority and includes Chairperson and Vice-Chaiqxrson;
fi) "Oflicial Gazette" means the Lahhadwoep Gazette; i i !
0) "prescribed" means prescribed by rules made under this Regulation;
(k) "sink", with all its grammatical variations and cognate expressions in relation i~ a well, Includes any digging, drilling or br ing of new wells or deepening canid in the existing wells; i (I) "Union temotory" means the Union territory of Lahhadweep;
(m) "user of ground water" means a person 01- persons or an institution including a company or an establishment, whether Government or not, who use ground water for any purpose including domestic use either on a personal or community basis,
(n) "well" means a well sunk for the search or extraction of ground water by a person or persons, except 'by the authorised officials of the Union territory or the Central Govement for carrying out scientfic investigations. exploration, developnient or management work for the 'survey and assessment of g o w ~ d watcr resources or f i ~ r providing water fol irrigation and includes open well, dug well, hrcvi~eil, dug-cwnbre5vell, tubewell, filter pint . coll~ctor *el1 and infiltration gallery, SK.-l] THE GAZETTE OF INDIA EXTRAORDINARY 3
3. (1) The Administrator shall, by notification in the Official Gazette, Establishconstitute for the pwposesof this Regulation, an Authority to be called the ment of Ground Water Authority. Ground Water
(2) The Ground Water Authority shall consist of-
(a) a Chairperson --Secretary (Public Works Department);
(b) a Vice-Chairperson --Presidentsum-Chief Counsellor, District Panchayat, to be appointed by the Administrator;
(c) three official members consisting of Superintending Engineer (PWD), representative from Central Ground Water B o d , Keraia Region and a representative from the Centre for Earth Science Studies, Trivandrum; and
(d) two non-official, members, Chairpersons of Village (Dweep) Panchayats.
(3) The term of office and the manner of filling up of the vacancies and other conditions of service of the Chairperson, Vice-Chairperson and other than ex officio members shall be such as may be prescribed.
4, (1) The Ckiirperson of the Authority shall, in addition to presiding over the meetings of the Authority, exercise and discharge such powers and duties of the Authority as may be delegated to him by the Authority.
(2) The Vice-Chairperson of the Authority shall exercise and discharge such of the powers and duties of the Chairperson: asmay be delegated to him by the Authority.
5. (I) The Administrator may, for the purpose of enabling the Authority efficiently' to discharge its functions under this Regulation, appoint such number of technid and other staff as he may consider necessary.
(2) The terms and conditions of service of such technical and other s@ shall be such as may be determined by bye-laws.
6.(1) If the Administrator, on a report received from the Authority, is of the opinion that it is necessary or e x m e n t in the public interest to control and regulate the extraction or use of ground water in any form in any Island, he may, by notification in the Official Gazette, declare any such Island to be a co*jfied lslsnd for the purpose of this Regulation with effect from such date as may be piflied therein:
Provided that the date so spif ied in the pa.otd3cation shall not be earlier than thirty days flom the &%I: of publication of the said nofilica$ion.
(2) Every such notification shall, in addition to its publication in the Authority.
Powers-and duties of Chainperson and Vice- Chairperson.
Staff of Ground - Water Acthority.
Power to not@ Island for control and regulation of ground water &vcloprnent.