The Andhra Pradesh Ground Water (Regulation For Drinking Water Purposes) Act, 1996

Short title, extent and commencement.—

1. (1) This Act may be called the Andhra Pradesh Ground Water (Regulation for Drinking Water Purposes) Act, 1996.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the Government may, by notification, appoint.

Definitions.—In this Act, unless the context otherwise requires,—

1. (a) “Ground water” means water existing under the earth in unconsolidated sediments or consolidated rock formations, which may be extracted through a well;
2. (b) “Over exploited watershed” means a watershed which has been declared as such by the Government under section 3;
3. (c) “Public drinking water source” means a well, or any other source of water from which water is used, or is likely to be used, by the public for drinking purposes, and includes any source of water managed or maintained by any local authority or the Government;
4. (d) “Public water supply system” means the structures and equipments used for the extraction, treatment, transmission, and distribution of water for drinking purposes;
5. (e) “Sink” means to dig, drill, or construct a well;
6. (f) “Water scarcity area” means an area so declared by the Government under section 3;
7. (g) “Watershed” means an area of land from which surface water and ground water drains into a common point;
8. (h) “Well” means a well, tube-well, filter point, or any other structure or device, whether dug, bored, or drilled, by means whereof ground water is extracted or is intended to be extracted, and includes a rain water harvesting structure:

Regulation of extraction of ground water Regulation of extraction of ground water.--

1. (1) Any person desiring to sink a well for any purpose in the areas notified under section 3 shall apply to the Authority for the 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 Authority.
2. (2) Every application under subsection
3. (1) shall be made in such form and in such manner and shall contain such particulars as may be prescribed.
4. (3) On receipt of an application under subsection (1), the Authority may, if it is satisfied that the drilling, sinking or equipment of the well is not likely to affect the quantity or quality of the water in any public drinking water source, grant the permit on such terms and conditions and subject to such restrictions as it may think fit. Provided that if the Authority is satisfied that the drilling, sinking or equipment of the well is likely to affect the quantity or quality of the water in any public drinking water source, it may, after giving the applicant an opportunity of being heard, refuse to grant the permit.

Declaration of over exploited watershed.--

1. (1) If the Government are satisfied that in any area the ground water is over-exploited, they may, by notification, declare such area as an over-exploited watershed for the purposes of this Act.
2. (2) On such declaration, the Authority may regulate or prohibit the extraction of ground water for any purpose other than for drinking water purposes in such area and in such manner as may be prescribed.

Prohibition of sinking of well in the vicinity of public drinking water source

1. (1) No person shall sink any well for any purpose in the vicinity of any public drinking water source within such distance as may be prescribed.
2. (2) Notwithstanding anything contained in sub-section (1), the authority may, on an application made by any person in this behalf, in such form and in such manner as may be prescribed, permit the sinking of any well in the vicinity of a public drinking water source, if it is satisfied that such sinking will not adversely affect the public drinking water source.

Power to declare water scarcity area Power to declare water scarcity area

1. (1) If, on the advice of the Ground Water Department or such other authority as may be prescribed, the Government are of the opinion that in any area the ground water is over-exploited and it is necessary to regulate the exploitation of ground water for the purpose of ensuring the availability of drinking water, they may, by notification in the Andhra Pradesh Gazette, declare such area as a water scarcity area.
2. (2) On such declaration under sub-section (1), the authority may, notwithstanding any law for the time being in force, by order:
   • (a) regulate the extraction of ground water in such area in such manner as may be prescribed;
   • (b) prohibit the extraction of ground water for any purpose other than drinking water in such area; and
   • (c) take such other steps as it may deem necessary for the purpose of preventing the over-exploitation of ground water in such area.

Power of the authority to enter upon any land Any officer or authority empowered by the Government in this behalf, may enter upon any land or premises with such assistance as may be considered necessary for the purpose of—

1. (a) making any inspection, survey, measurement, valuation or enquiry;
2. (b) taking levels;
3. (c) digging or boring into the sub-soil;
4. (d) setting out boundaries and intended lines of work;
5. (e) marking such levels, boundaries and lines by placing marks and cutting trenches; or
6. (f) doing any other act necessary for the effective implementation of this Act:

Offences and penalties Offences and penalties

1. (1) Whoever contravenes or attempts to contravene or abets the contravention of the provisions of this Act or any rules made thereunder shall be punishable with fine which may extend to two thousand rupees.
2. (2) If the person committing an offence under this Act is a company, the company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

Cognizance of offence.

1. (1) No court shall take cognizance of any offence punishable under this Act except on a complaint made by the Ground Water Authority or any officer authorised by it in this behalf.
2. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence punishable under this Act.

Offences by companies.

1. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes of this section:
   • (a) "company" means any body corporate and includes a firm or other association of individuals; and
   • (b) "director" in relation to a firm means a partner in the firm.

Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against the Government or any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

Power to make rules. -

1. (1) The Government may, by notification in the Andhra Pradesh Gazette, make rules for carrying out all or any of the purposes of this Act.
2. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date of notification of such modification or annulment have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power to remove difficulties:

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by notification in the Andhra Pradesh Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly of the State.

Repeal of Ordinance 5 of 1996: The Andhra Pradesh Ground Water (Regulation for Drinking Water Purposes) Ordinance, 1996 is hereby repealed.