Government, in consultation with the Cell, may declare, by notification, any area in the State as an over exploited area.

Registration of existing well and permission for sinking a new well in the Scheduled area.— (1) The user of an existing well in a Scheduled area shall, within a period of sixty days from the date of commencement of this Act, apply to the Ground

Water Officer for registration of an existing well, in the prescribed form and manner: Provided that the Ground Water Officer may entertain any application for registration of an existing well after the expiry of the said period of sixty days, on payment of such late fee as may be prescribed, if he is satisfied that the owner of the existing well was prevented by sufficient cause from filing the application in time.

1. (2) The details to be furnished in an application under sub-section (1) shall include the following, namely:—
   • (i) the description of the source of water, such as type of wells, its exact location;
   • (ii) the lifting device used;
   • (iii) the quantity of drawal of ground water and hours of operation per day;
   • (iv) the total period of use in each year;
   • (v) the purpose or purposes for which ground water is being extracted;
   • (vi) in case of irrigation well, the location and extent of area irrigated;
   • (vii) in case of State, municipalities or community run water supply schemes, the details of the services involved in addition to the quantities of water extracted, the diversion or pumping points and their locations;
   • (viii) the year of construction and the year of commissioning.
2. (3) No person shall sink a well in a Scheduled area unless he has obtained permission in this behalf from the Ground Water Officer. Any person desirous of sinking a well shall apply, in the prescribed form and manner, to the Ground Water Officer for grant of permission and shall not proceed with any activity connected with sinking of the well unless permission is granted to him by the Ground Water Officer.
3. (4) On receipt of an application under sub-section (1) or sub-section (3), if the Ground Water Officer is satisfied that it shall not be against the public interest to do so, he may grant a certificate of registration of an existing well authorising the continued use of the well or grant permission for the sinking of new well, as the case may be, subject to such conditions and restrictions and collection of such charges as may be prescribed from time to time: Provided that no person shall be refused a certificate of registration of an existing well or permission for sinking a new well unless he has been given an opportunity of being heard.
4. (5) The decision regarding the grant or refusal of the certificate of registration, or grant or refusal of permission, as the case may be, shall be intimated by the Ground Water Officer to the applicant as far as possible within a period of 90 days from the date

of receipt of application. Where it is not possible for the Ground Water Officer to grant the certificate of registration of an existing well or to grant permission for sinking a new well, as the case may be, the Ground Water Officer shall intimate the reasons therefor to the applicant so that he may make a fresh application after curing the defects if any specified therein.

1. (6) In granting or refusing a certificate of registration or granting or refusing

permission under sub-section (4), in the prescribed form and manner the Ground Water

Officer shall have regard to:—

1. (a) the purpose or purposes for which the water is to be used or well is to be sunk;
2. (b) the existence of other competitive users;
3. (c) the existence of other wells in the locality;
4. (d) the availability of ground water;
5. (e) quality of ground water with reference to the use;
6. (f) spacing of the ground water structures keeping in consideration the purpose for which water is to be used;
7. (g) long term ground water behaviour;
8. (h) the lifting devices proposes to be used;
   • (i) the quantity of ground water withdrawal and hours of operation per day;
9. (j) the effect of water availability in the nearby well; and
10. (k) any other relevant or connected factors.

1. (7) The certificate of registration in respect of an existing well or the permission for sinking a new well shall be valid for a maximum period of five years from the date of

issue of the certificate of registration or the permission, as the case may be, and after expiry of the period of five years, the well shall have to be freshly registered in accordance with the procedure laid down herein.

1. (8) If a registered well, whether an existing well or a newly sunk well, becomes defunct, this fact should be immediately brought to the notice of the Ground Water Officer, by the user of the ground water of the said well.