Chapter VIII MISCELLANEOUS

Every order under this Act shall be served, in the manner as may be prescribed.

1. (1) The Government may issue to the State Authority, such general or special directions in writing in the matters of policy involving public interest and the State Authority shall be bound to follow and act upon such directions.
2. (2) If any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the Government thereon shall be final.

Every member of the State Authority, the District Authority and every officer or employee of such Authorities and the Watershed Water Resources Committee acting under or in pursuance of the provisions of this Act or rules made thereunder ; or order or notification issued thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

No suit, prosecution or other legal proceedings shall lie against the Government or the State Authority or the District Authority or the Watershed Water Resources Committee or Panchayat, Panchayat Samiti or urban local bodies or the Groundwater Surveys and Development Agency or any member, officer or employee thereof for anything done or purported to have been done in good faith in pursuance of the provisions of this Act or rules or orders made thereunder.

Subject to the provisions of section 27, no person shall be entitled to claim any damages or compensation from the Government for any loss sustained by him by virtue of any action taken under this Act.

Whoever contravenes or fails to comply with any of the provisions of this Act or any rules made thereunder or obstructs the State Authority, the District Authority, the Watershed Water Resources Committee, Panchayat, Panchayat Samiti and urban local body, the Groundwater Surveys and Development Agency and any person authorised to exercise any of the powers under this Act, shall on conviction be punished,-

1. (i) for the first offence, with fine which may extend to rupees ten thousand; and
2. (ii) for the subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to rupees twenty-five thousand or with both.

1. (1) Where an offence under this Act has been committed by a company, every person who at the time, when 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 under this Act, if he proves that offence was committed without his knowledge or that he had 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 purpose of this section,-
   • (i) "company" means any body corporate and includes a firm, association of persons or body of individuals whether incorporated or not ;
   • (ii) "Director", in relation to a firm, means a partner in the firm, and in relation to any association of persons or body of individuals, means any member controlling the affairs thereof.

1. (1) Any contravention under this Act may, either before or after institution of proceedings for any offence punishable under this Act, may be compounded by the District Authority, on accepting from any person charged with such offence by way of composition of the offences, such sum not more than the amount of maximum fine specified in section 52, to which he is liable on conviction for such offence.
2. (2) On compounding of offence by way of composition under sub-section (1), no further proceeding shall be taken or continued against the person concerned in respect of such offence and if any proceedings in respect of that offence have already been instituted against him in any court, the same shall abate.

1. (1) No prosecution for an offence under this Act shall be instituted except by or with the consent of the District Authority, by general or special order.
2. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence under this Act.
3. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), offences punishable under this Act and rules made thereunder shall be cognizable.

1. (1) Any person aggrieved by a decision, order made, action taken by the Watershed Water Resources Committee, Panchayat, Panchayat Samiti or urban local bodies under this Act may, within a period of sixty days from the date on which the action is taken or the decision or order is communicated to him and on payment of such fees as may be prescribed, prefer such an appeal to the District Authority: Provided that, the District Authority may entertain an appeal after the expiry of the said period of sixty days, if it is satisfied that the applicant was prevented by sufficient cause from filing the appeal within time.
2. (2) If the aggrieved person is not satisfied with the decision of the District Authority under sub-section (1), within a period of sixty days from the date on which the decision is communicated to him and on payment of such fees as may be prescribed, prefer an appeal against the order of the District Authority to the State Authority and the decision of the State Authority shall be final.
3. (3) On receipt of an appeal under sub-section (1) or (2), the District Authority or the State Authority shall, as the case may be, after giving the applicant an opportunity of being heard, dispose of the appeal as expeditiously as possible.

1. (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
2. (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion arises, by an order, published in the Official Gazette, do anything, not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty: Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
2. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.

1. (1) The Maharashtra Groundwater (Regulation for Drinking Water Purposes) Act, 1993 (Mah. XXVIII of 1993) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under or in pursuance of the said Act before such repeal, shall continue to have effect in relation thereto and section 7 of the 1Bombay General Clauses Act, 1904 (Bom. I of 1904), shall apply with respect to the repeal of the said Act.