Chapter 11 CONSTITUTION OF THE AUTHORITY

(1) The Government shall for the purpose of enabling the Authority to efficiently perform its functions or exercise its powers under the Act, provide such number of technical and other staff as it may consider necessary. (2) The powers and duties and the terms and conditions of service of such employees shall be such, as may be prescribed. (3) The officers, technical personnel and staffs of the Authority under sub-section (1) shall be constituted from the existing Groundwater Cell of the Directorate of Geology & Mining, Dimapur.

The term of office and service conditions of the staff of Authority under sub-section (3) of Section 5 shall be guided by the Service Rule, 2005 of the Department of Geology and Mining.

(1) The Authority shall function under the overall control and supervision of the State Government. (2) If the Authority after consultation with the experts is of the opinion that it is necessary or expedient in the public interest to control and or regulate the extraction of groundwater in any form in any area, it shall advise the State Government to declare any such area to be notified area for the purposes of this Act. (3) The State Government after examining the advice of the Authority, received under sub-section (2), and after making such further enquiry as it may deem fit, may by notification, declare such area or part thereof to be the notified area with effect from such date as may be specified therein, provided that the State Government may suo motu by notification declare its intention to notify any area to be the notified area under this section, if deemed necessary. (4) Every such notification issued under sub-section (3) shall, in addition to its publication in the official Gazette, be published in not less than two daily newspapers having wide circulation in the State and shall also be served by affixing a copy of the notification at the offices of the Village/Ward/Colony Councils located in the said area and at some conspicuous places of the locality. (5) The persons likely to be affected by the notification issued under sub-section (4), may file objections or suggestions within 30 (thirty days) from the date of publication to the State Government which shall be decided by it within thirty days, after public hearing and thereafter, final notification shall be issued within thirty days. (6) if in the opinion of the Authority, the availability of the groundwater has improved in notified area, it may advise the State Government to denotify such area, and the State Government may in the like manner, denotify such area. (7) The Authority shall take steps to ensure that exploitation of groundwater resources does not exceed the natural replenishment to the aquifers and wherever, there is mismatch, steps shall be taken to ensure augmentation of groundwater resources in addition to regulatory measures. (3) The State Government after examining the advice of the Authority, received under sub-section (2), and after making such further enquiry as it may deem fit, may by notification, declare such area or part thereof to be the notified area with effect from such date as may be specified therein, provided that the State Government may suo motu by notification declare its intention to notify any area to be the notified area under this section, if deemed necessary. (4) Every such notification issued under Sub-section (3) shall, in addition to its publication in the official Gazette, be published in not less than two daily newspapers having wide circulation in the State and shall also be served by affixing a copy of the notification at the offices of the Village/Ward/Colony Councils located in the said area and at some conspicuous places of the locality. (5) The persons likely to be affected by the notification issued under sub-section (4), may file objections or suggestions within 30 (thirty days) from the date of publication to the State Government which shall be decided by it within thirty days, after public hearing and thereafter, final notification shall be issued within thirty days. (6) if in the opinion of the Authority, the availability of the groundwater has improved in notified area, it may advise the State Government to denotify such area, and the State Government may in the like manner, denotify such area. (7) The Authority shall take steps to ensure that exploitation of groundwater resources does not exceed the natural replenishment to the aquifers and wherever, there is mismatch, steps shall be taken to ensure augmentation of groundwater resources in addition to regulatory measures.

The Authority shall maintain and update the data base on groundwater resources of the State.

(1) Any user of groundwater desiring to sink a well within notified area for any purpose shall, on payment of such fee as may be prescribed, apply to the Authority for grant of a permit, and shall not proceed with any activity connected with such sinking unless a permit has been granted by the Authority. (2) Every application made under sub-section (1), shall be in such form and contain such particulars as may be prescribed. (3) The Authority shall consider the application made under sub-section (1) and if satisfied, may grant a permit, in such form as may be prescribed subject to such conditions and restrictions as may be specified, within 60 (sixty days) from the date of receipt of the application. Provided that, while considering the application the Authority shall give first priority for drinking water needs in preference to other needs. Provided further that no permit shall be refused without affording an opportunity of being heard. (4) The decision regarding grant or refusal of the permit shall be intimated by the Authority to the applicant within a period of (30) thirty days from the date of decision. (5) In granting or refusing a permit under sub-section (3), the Authority shall have regard to (a) Hydrogeology and geomorphology of the area. (b) The purpose or purposes for which water is to be used. (c) The existence of other competitive users. (d) The availability of water/aquifer zones. (e) Prospect of groundwater. (f) Feasibility for groundwater development. (g) Quality & quantity of groundwater to be drawn with reference to proposed usage. (h) Spacing of groundwater structures keeping in view its conservation and sustainability. (i) Minimum distance of 200 (two hundred) meters in case of shallow well and 300 (three hundred) meters in case of tube well from the existing source of water supply scheme or irrigation scheme, as the case may be. (j) No permit shall be given for water intensive crops like paddy, sugarcane, banana and heavy industries in notified areas. (k) Long term groundwater level behavior. (l) Any other factor relevant thereto.

(1) Every existing user of groundwater in a notified area shall, within a period, of 2 (two) months from the date of establishment of the Authority shall, make an application on such form containing such particulars and fees, as may be prescribed, to the Authority for the grant of certificate of registration recognizing its existing use. Provided that the Authority may entertain any such application after the expiry of the said period of (60) sixty days, if it is satisfied that the user was prevented by sufficient cause from filing application in time. (2) On receipt of an application under sub-section (1), if the Authority is satisfied that it shall not be against the public interest to do so, it shall grant, subject to such conditions and restrictions as may be specified therein, a certificate of registration in such form as may be prescribed authorizing continued use of groundwater: Provided that while considering the application, the Authority shall give first priority for drinking water needs in preference to other needs. Provided further that no user of groundwater shall be refused a certificate of registration without being given an opportunity of being heard. (3) The decision regarding grant or refusal of the certificate of registration shall be intimated by the Authority to the applicant within a period of (30) thirty days from the date of decision. (4) In granting or refusing a certificate of registration under sub-section (2), the Authority shall have regard to (a) The purpose or purposes for which water is to be used. (b) The existence of other competitive users. (c) The availability of water. (d) Quality of groundwater with reference to its usage. (e) Spacing of groundwater abstraction structures keeping in view the purpose for which water is to be used. (f) Long term groundwater level behavior. (g) Any other factor relevant thereto. (5) Every existing user of groundwater in a notified area during pendency of decision of the Authority under sub-section (2) shall be entitled to the continued use of the groundwater in the same manner and to the same quantity as he was entitled prior to the date of application. (6) If a registered well becomes defunct, this shall be immediately brought to the notice of the Authority by the user of groundwater and such well may be used for groundwater recharging if in the opinion of the Authority it is found fit.

(1) All wells sunk in the State shall have to be registered including the areas notified under section 7 of this Act, except those excluded under clause (r) of section 3 of this Act. (2) The clause under sub-section (6) of section 10 shall also be applicable.

Every Rig owner including the manual hand boring party operating in the State shall register his equipment and machinery with the Authority in such manner and on payment of such fee as may be prescribed and shall follow the instructions issued by the Authority.

At any time after a permit or certificate of registration has been granted, the Authority may, for reasons to be recorded in writing, alter, amend or vary the terms of the permit or certificate of registration, as the case may be. Provided that no change shall be made in the permit or certificate of registration, as the case may be, unless the user of groundwater is afforded an opportunity of being heard.

If the authority is satisfied either on a reference made to it in this behalf or otherwise that:- (1) the Permit or Certificate of registration granted, under sub-section (3) of section 9 or sub-section (2) of section 10 as the case may be, is not based on facts, or (2) the holder of the permit or certificate of registration has without reasonable cause failed to comply with the conditions subject to which the permit or certificate of registration has been granted or has contravened any of the provisions of this Act or the rules made there under, or (3) a situation has arisen which warrants limiting the use or extraction of groundwater, then without prejudice to any other penalty to which the holder of the permit or of the certificate of registration may be liable under this Act, the Authority may after giving the holder of the permit or certificate of registration, an opportunity of being heard cancel the permit or certificate or registration, as the case may be.

(1) The Authority or any person authorized under section 23 of this Act in this behalf shall have the following powers. namely; (a) To inspect the well, which has been or is being sunk and the soils and other materials excavated there from. (h) To take specimens of such soils or other materials or of water extracted from such wells. (C) To require. by order. in writing the person sinking a well to keep and preserve n the prescribed manner specimens of soil or any material excavated there from for such period not exceeding 3 (thrcc months) from the date of completion or abandonment of such work, as may be specified by the Authority and there upon such person shall comply with such order. (ci) To inspect and to take copiei of the relevant record or documents and seek any information including diameter or depth of the well which is being or has been sunk; the level at which the water is or was struck and subsequently restored/ rested, the types of strata encountered in the sinking of the well and the quality of the water struck, required for carrying out the purposes of this Act. (e) To seize any equipment or device utilized for illegal sinking and destroy the work executed fully or partly - (f) To require. by order any user of groundwater who does not comply with the provisions of this Act or the rules made there under to close down any water supply or destroy any hydraulic work found to be in contravention of the provisions of this Act or the rules made there under. Provided that where the user of groundwater does not comply with such order within a period of 60 (sixty) days from the date of issue of the same. the Authority or any person authorized in this behalf may carry out the necessary work and recover the cost from such user of groundwater. (g) To enter and search with such assistance, if any, as it considers necessary, any place in which it has reason to believe that offence under this Act has been or is being committed and order, in writing, the person who has been or is committing the offence, not to extract groundwater for a specified period not exceeding 30 (thirty) days. (h) To direct an appropriate body to assess exploitation limit of groundwater in different areas and submit periodic report for consideration of the Authority. (i) To exercise such other powers as may be necessary for carrying out the purposes of this Act or the rules made thereunder. (2) The power conferred by this section includes the power to break open the door of any premises where sinking, extraction and use of groundwater may be going on. Provided that the power to break open the door shall be exercised only if the owner or any other person in occupation of the premises present therein, refuses to open the door on being called to do so. (3) The provisions of the Code of Criminal Procedure, 1973 shall, so fax as may be applied to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 93 of the said Code. (4) Where the Authority or any person authorized by it seizes any mechanical equipment or device under clause (e) of sub-section (1) it shall, as soon as may be. inform a Magistrate having jurisdiction and take his orders as to the custody thereof.

Eveiy user of groundwater in a notified area shall pay to the Slate Government a royalty for extraction of groundwater at such rates and in such manner as may be prescribed: (1) Provided that a user of groundwater who irrigates less than I (one) hectare of land, whether owned or leased or both, shall be exempted from payment of royalty under this section. (2) The State Government may, assign such proportion of the royalty, as may be prescribed for development of groundwater resources.

(1) The Authority shall have and maintain a separate fund called the Nagaland Groundwater Authority fund to which shall be credited: (a) such sums as may be placed at the disposal of the Authority from time to time by way of grant or loan or otherwise by the Government However, the grants released by the Government shall be utilized in the year in which it is released. (b) grants and loans received from the Central Government; (c) loans raised with prior concurrence of the Government by the Authority from (d) the financial agencies. (e) the proceeds of any fees, charges and fines levied. (f) such other sums by the Authority from any other source. (g) all the new appointments in the establishment of the Authority, where temporary or permanent with appropriate scale of pay and purchase of new vehicles shall be made with the concurrence of the Government. (h) the Authority may impose appropriate charges on the quantum of groundwater extracted for industrial, commercial and entertainment purposes with the approval of the Government in such manner as may be prescribed. (2) The fund shall be applied for the purpose of this Act in such manner as may be prescribed. (3) The fund shall be kept in such deposit and drawn in such manner as may be prescribed.

(1) The Authority shall maintain a true and proper account and other relevant records and prepare annual statentenis of accounts in such form as may be prescribed. (2) The accounts of the Authority shall be subject to audit annually by the Controller of State Accounts. A copy of annual statement of accounts together with a copy of the report of the audit shall be forwarded annually to the Government.

The authority shall prepare every year a report of its activities during the year and submit the report to the Government in such form and on or before such date as may be prescribed and the government shall cause the same to be lukI before each house of the State Legislature.