The Chhattisgarh Ground Water (Management and Regulation) Act, 2022
Chapter IV POWERS AND FUNCTIONS
Chapter IV POWERS AND FUNCTIONS
7. Delegation of powers and duties
Delegation of powers and duties.
- (1) The State Ground Water Management and Regulatory Authority may delegate, by general or special order in writing, all or any of the powers or duties to such persons as may be deemed necessary.
- (2) The power of every Appropriate body for any ground water user and drilling agencies in notified and non-notified areas shall be such as may be prescribed.
Chapter IV POWERS AND FUNCTIONS
8. Powers to notify areas for management and regulation of ground water resources
- (1) Where (based on information of the Water Resources Department) it is of the opinion of the State Ground Water Management and Regulatory Authority, after consulting with the appropriate bodies, that in any area, management and regulation of ground water for various purposes and promotion of rain water harvesting / ground water recharge becomes necessary and expedient in public interest in the over-exploited / critical blocks and stressed Municipal / Urban areas (as identified/marked by the Water Resources Department) where ground water levels have reached critical or alarming levels, to implement various appropriate water conservation / water saving / water efficient practices, it shall advise the State Government, in such manner as may be prescribed, to declare such areas, by notification, as a notified area from the date specified in the notification: Provided that, -
- (a) the date specified in the notification under this sub-section shall not be earlier than the advice given by the State Ground Water Management and Regulatory Authority;
- (b) every notification under this Section shall be widely circulated in Hindi as well as in English, in addition to its publication in the Official Gazette;
- (c) the Procedure for Demarcation and issuance of notification of the areas referred to in sub-section
- (1) shall be such as may be prescribed.
- (2) The notification issued under sub-section
- (1) shall be reviewed periodically as per the new Ground Water Assessment Report and according to the findings of the report, in such manner as may be prescribed.
Chapter IV POWERS AND FUNCTIONS
9. Registration of Existing Commercial, Industrial, infrastructural and Bulk Users of Ground Water in Notified and Non-notified Areas
- (1) Registration of existing and future commercial, industrial, infrastructural and bulk users of Ground Water is mandatory and shall be done in such manner as may be prescribed.
- (2) Every existing and future user of ground water other than those mentioned in sub-section (1), including domestic and agriculture users of ground water shall be registered as may be prescribed.
Chapter IV POWERS AND FUNCTIONS
10. Ban on new well construction in notified areas
There shall be Ban on new well construction in notified areas as may be prescribed except for Government schemes
Chapter IV POWERS AND FUNCTIONS
11. Preparation and implementation of Ground Water Security Plans in notified areas
For ensuring and achieving sustainability of ground water resources in the notified areas, Ground Water Security Plans shall be prepared in such manner as may be prescribed.
Chapter IV POWERS AND FUNCTIONS
12. Grant of Authorization for Ground Water abstraction in Non-notified Areas
Grant of Authorization for Ground Water abstraction in Non-notified Areas shall be regulated under the relevant rule as may be prescribed.
Chapter IV POWERS AND FUNCTIONS
13. Fixing of limit for abstraction of Ground Water for Commercial, Industrial, Infrastructural, mining or Bulk users of Ground water, and service of orders or directions, etc
- (1) The State Ground Water Management and Regulatory Authority may limit the abstraction of ground water in consultation with the Water Resources Department.
- (2) Every order or direction issued under sub-section
- (1) shall be served in such a manner as may be prescribed.
Chapter IV POWERS AND FUNCTIONS
14. Levy on Ground Water Extraction/Withdrawal
- (1) Commercial, industrial, infrastructural or bulk user of ground water hereinafter in this Section refer to as the said user, shall extract ground water in both the notified and non-notified areas shall be levied fee
Chapter IV POWERS AND FUNCTIONS
15. Employees of the Authority to be Public Servant
Employees of the Authority to be Public Servants. All employees of the State Ground Water Management and Regulatory Authority shall when acting or purporting to act in pursuance of the provisions of this Act or the rules made there under be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (No. 45 of 1860).
Chapter IV POWERS AND FUNCTIONS
16. Protection against action taken in good faith
No prosecution, suit or claim any damage/compensation or other legal proceeding shall be instituted against the State Government, any appropriate body, any other officer of the Government or any member or other employees of any appropriate body for anything done or
Chapter IV POWERS AND FUNCTIONS
17. Impact Assessment
- (1) Appropriate body shall undertake impact assessment of both social and environment aspects of such activities to be implemented in the area of their jurisdiction in accordance to the provisions of this Act.
- (2) Information on the Impact Assessment of such activities taken up under this Act in sub-section
- (1) shall be placed on internet for access by public.
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