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Section 39: Offences and penalties

The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019State Act of Uttar Pradesh · Act 13 of 2019

39. (1) If any commercial, industrial, infrastructural and bulk user of groundwater or any drilling agency,-

(a) contravenes or fails to comply with any of the provisions of this Act or any rule made there under except provisions described under chapter-V; or

(b) obstructs the Appropriate Authorities or any other person authorized by the State Ground Water Management and Regulatory Authority to exercise any of the powers under this Act, shall be punishable with fine which shall not be less than two lakh rupees which may extend up to five lakh rupees or imprisonment which shall not be less than six month and which may extend to one year or with both, in case of first offence.

(c) repeats the offence after conviction thereof under subclause(b), such user shall be deemed to be guilty of second offence and shall be punished with fine which shall be double the amount of fine awarded to him or her, in addition to imprisonment awarded to him or her under the said sub-clause. Besides, the authorisation/no-objection certificate granted to him under this Act shall be cancelled with immediate effect.

(2) Any commercial, industrial, infrastructural and bulk user of ground water who contravenes any of the provisions provided under sub-section (2) of section 26, section 27, section 28 and section 29, shall be liable for punishment, -

(a) with imprisonment for a term which shall not be less than two years but which may extend to three years with fine which shall not be less than five lakh rupees but which may extend to ten lakh rupees, in case of first offence;

(b) with imprisonment for a term which shall not be less than five years but which may extend to seven years with fine which shall not be less than ten lakh rupees but which may extend to twenty lakh rupees, if the offence is committed by a person who has previously been convicted for the offence referred to in clause (a).

(3) Any supplier of water (other than Government drinking water supply schemes) who supplies or causes to be supplied groundwater which fails to meet the quality standard prescribed under any law for the time being in force shall be punished with fine which shall not be less than two lakh rupees and which may extend to five lakh rupees.

(4) Whoever being an owner of a building liable for installation of a system for harvesting rainwater to recharge groundwater as per the sanctioned drawing, design and guidelines issued by any of the Development Authority or any other authority having power to sanction drawing, fails to do so, shall be punished in such manner and with such punishment as may be prescribed.

Where this provision sits

ActThe Uttar Pradesh Ground Water (Management and Regulation) Act, 2019
Section39
Marginal noteOffences and penalties
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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