The Chhattisgarh Ground Water (Management and Regulation) Act, 2022

1. (1) This Act may be called the Chhattisgarh Ground Water (Management and Regulation) Act, 2022.
2. (2) It extends to the whole State of Chhattisgarh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates for different provisions may be appointed.
4. (4) Penal provisions made under this Act shall not be applicable on domestic and agricultural users of ground water.

1. (1) In this Act, unless the context otherwise requires, -
   • (a) “Appropriate Body” means State Ground Water Management and Regulatory Authority, District Ground Water Management Council

1. (1) The State Government shall, by notification in the Official Gazette, establish, with effect from such date as may be specified in the notification, a State Authority to be known as the Chhattisgarh State Ground Water Management and Regulatory Authority, District Ground Water Management Council and Block Level Ground Water User Registration Committee.
2. (2) The State Ground Water Management and Regulatory Authority shall consist of-
3. (1) The Chief Secretary - Chairperson
4. (2) The Secretary In charge, Water Resources Department - Member
5. (3) The Secretary In charge, Finance Department - Member
6. (4) The Secretary In charge, Public Health Engineering Department - Member
7. (5) The Secretary, In-charge, Agriculture Department - Member
8. (6) The Secretary In charge, Industries Department - Member
9. (7) The Secretary In charge, Mineral Resources Department - Member
10. (8) The Secretary In charge, Urban Administration Development Department - Member
11. (9) The Engineer-in-Chief, Water Resources Department - Member-Secretary
12. (10) The Engineer-in-Chief, Public Health Engineering Department - Member
13. (11) The Member-Secretary, State Environment Conservation Board - Member
14. (12) The Regional Director, Central Ground Water Board (NCCR), Raipur - Member
15. (13) The Principal Chief Conservator of Forest - Member
16. (14) Three Subject Experts having long standing working experience of ground water in the State of Chhattisgarh (to be nominated by the State Government) - Member
17. (15) An eminent person from Public/Non-Government organization/Social Sector working in the field of ground water (to be nominated by the State Government) - Member
18. (3) The term of office and the manner of filling the vacancies and

1. (1) District Ground Water Management Council shall be constituted and shall be an overall unit for management of ground water resources at district level, which shall consist of -
   • (a) Chairperson - Collector
   • (b) Vice Chairperson - Chief Executive Officer, Jila Panchayat
   • (c) Member-Secretary - Executive Engineer, Water Resources Division of the District Headquarters;
   • (d) Two Members as subject Expert having longstanding working experience/knowledge in the field of Ground water, to be nominated by

1. (1) A Block Level Ground Water User Registration Committee, shall be constituted which will register all existing/new domestic and agriculture ground water users in the block, which shall consist of -
   • (a) The Chairperson - Chief Executive Officer, Janpad panchayat of the block;
   • (b) Member-Secretary - Sub-Divisional

Duties of Ground Water wing.

1. (1) The Water Resources Department shall develop a mechanism to co-ordinate with the District Ground Water Management Council.
2. (2) The Water Resources Department will collect ground water related data, publish report and analyses the data.
3. (3) Identification of areas for the purpose of regulating ground water:- The Water Resources Department in consultation with the State Ground Water Management and Regulatory Authority shall identify and delineate the areas, such as over-exploited and critical blocks categorized as per latest Ground Water Resource Estimation carried out by the Water Resources Department and Central Ground Water Board. It shall also identify and delineate the water stressed Municipal/Urban areas (where significant decline of ground water levels) for taking up appropriate measures for

Delegation of powers and duties.

1. (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. (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.

1. (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
2. (1) shall be such as may be prescribed.
3. (2) The notification issued under sub-section
4. (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.

1. (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. (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.

There shall be Ban on new well construction in notified areas as may be prescribed except for Government schemes

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.

Grant of Authorization for Ground Water abstraction in Non-notified Areas shall be regulated under the relevant rule as may be prescribed.

1. (1) The State Ground Water Management and Regulatory Authority may limit the abstraction of ground water in consultation with the Water Resources Department.
2. (2) Every order or direction issued under sub-section
3. (1) shall be served in such a manner as may be prescribed.

1. (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

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).

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

1. (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. (2) Information on the Impact Assessment of such activities taken up under this Act in sub-section
3. (1) shall be placed on internet for access by public.

Registration of drilling agencies.

1. (1) Whoever in contravention of this act or of any rule, notification or order made, issued or given thereunder, or of any license or permit granted under this act -
   • (a) constructs any new tubewell/ dug well etc. ; or
   • (b) extracts, sell or supply of raw unprocessed untreated ground water ; or
   • (c) supplies ground water in any tanker, vessel, etc. ; or
   • (d) Obstructs the appropriate body or any other person authorized by the State Government or State Ground Water Management and Regulatory Authority to exercise any of the powers conferred under this Act; or
   • (e) neglects the security arrangement for any old, incomplete, abandoned or unusefull well owned by him, in such a way that it may cause death/injury to any person or animal ; shall subject to the provisions of subsection (2), be punishable for every such offence with imprisonment for a term not less than three months which may extend to one Year years and fine which shall not be less than five thousand rupees but which may extend to Ten thousand rupees: Provided that when any person is convicted under this section of any offence for a second or subsequent time, he shall be punishable for every such offence with imprisonment for a term not less than six month but which may extend to One year and with fine which shall not be less than Ten thousand rupees but which may extend to fifteen thousand rupees.
2. (2) Notwithstanding anything contained in sub-section (1), if the offences described in clause (a), clause (b), clause
   • (c) or clause
   • (d) is committed by any commercial user, industrial user, infrastructural user or any bulk user, he shall be punishable with imprisonment for a term which shall not be less than six month but which may extend to two years and with fine which shall not be less than ten thousand rupees but may extend to twenty five thousand rupees: Provided that when any person is convicted under this Section for an offence for second or subsequent time, he shall be punishable for every such offence with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than twenty thousand rupees but may extend to fifty thousand rupees.
3. (3) When an offence covered by sub section
4. (1) or sub section
5. (2) proved to be committed for second or subsequent time the permission / license issued for ground water abstraction may be cancelled with immediate effect.
6. (4) When there is reason to believe that any offence under this Act has been committed, officer not below the rank of Assistant Engineer or any other officer authorised under this act by the state government in this behalf may, seize such machine, equipment, tool, vehicle, vessel or any other articles used in committing such offence under the provisions of this Act.
7. (5) Any officer seizing any property under this section shall place on all such properly a mark indicating that the same has been so seized and shall, as soon as may be, produce a report of seizer of the property before the Executive Engineer of the Water Resources Department; (6)
   • (i) When any seizure report is produced before the Executive Engineer during any inquiry and before filing of complaint to the court, the executive Engineer may make such order as he thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial. however if in the opinion of the Executive Engineer that the order for the interim custody of such property is not appropriate, he may refer the report, before the Collector to order the confiscation of such property;
   • (ii) If the Executive Engineer or any other officer authorised to do so has produced a written complaint before the magistrate, in such case for disposal of property the provisions of Chapter-XXXIV of the criminal procedure code, 1973 (No. 2 of 1974) shall be applicable.

Cognizance of offences.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)—

1. (a) every offence under this Act shall be non-cognizable and bailable;
2. (b) no court shall take cognizance of any offence committed under this act without a written complaint by the Executive Engineer, Water Resources Department or any other officer authorised to do so by notification issued by State Government from time to time;
3. (c) when any offence is found to be committed under section 19, the Executive Engineer of the Water Resources Department shall issue a notice to the accused to be present before the Executive Engineer and compound for the offence so committed within 30 days from the notice. If the accused have not present for compounding procedure then written complaint may be made by the Executive Engineer within one month of the date on which notice has been served; Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.
4. (d) no court inferior to that of a Judicial Magistrate of the first class shall try any offence punishable under this Act.

1. (1) An offence punishable under this Act may be compounded on the application of the accused before or after the institution of the prosecution. It will be done by an officer not below the rank of Executive Engineer or such officer as notified by the State Government from time to time; when an application for compounding is so received by the officer authorised to do compounding may after imposing a compounding fee and depositing it in government interest, which shall not be less than Rs 20,000/- but may not exceed Rs 10 Lakhs and 50% of the maximum fine prescribed with the water tax and other cess etc. as applicable on the quantity.
2. (2) Every officer referred to in sub section
3. (1) of Section 21 shall exercise the powers to compound an offence subject to the direction, control and supervision of the Appropriate Body.
4. (3) Every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed.
5. (4) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded.
6. (5) Where the compounding of any offence is made after the institution of any prosecution, such compounding shall be brought by the officer referred to in sub-section
7. (1) in writing to the notice of the Court in which prosecution is pending and on such notice of the compounding of the offence being given, the person against whom the offence is so compounded shall be discharged or acquitted.

1. (1) Whenever an offence under this Act has been committed by a company, every person, who at the time of the commission of offence was in-charge of or was responsible to the company for the conduct of the business of the company, shall be deemed to be guilty of the offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act 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.

The District Collector shall act as District Ground Water Grievance Redressal Officer.

The State Ground Water Management and Regulatory Authority and the District Ground Water Management Councils shall have the power to call for any information from any department of the State Government or any other person, which is required by it in the exercise of its powers and the performance of its duties and functions under this Act and such department or person shall be bound to furnish such information.

1. (1) The Ground Water users of notified areas (Rural) shall be encouraged by

1. (1) Pre-existing right of the ground water user shall continue to be valid for such period as may be prescribed.
2. (2) The ground water user shall not be entitled to any compensation for the legal or other rights which have ceased under this Act.

A fund called Ground Water Conservation Fund is created by the State Government and all account receipts of penalties, registration fees and ground water extraction/withdrawal charges/levy charges etc. shall be deposited in this fund.

Power of the State Government to make rules

1. (1) The State Government may, by notification, make rules for carrying out the provisions of this Act.
2. (2) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the State Legislature.

Power of the State Government to exempt: If the State Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette, and subject to such conditions, if any, as may be specified in the notification, exempt any,—

1. (a) class of users of ground water;
2. (b) class of wells; or
3. (c) class of areas, from all or any of the provisions of this Act or any rules made thereunder.

1. (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force in the State.
2. (2) The provisions and powers conferred upon the State/District authorities by the Drinking Water Examination Act shall not be affected by any provision of this Act.