The Rajasthan Gorund Water (Conservation And Management) Authority Act, 2024

1. (1) This Act may be called the Rajasthan Ground Water (Conservation and Management) Authority Act, 2024.
2. (2) It extends to the whole of the State of Rajasthan.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,-

1. (a) “Authority” means the Rajasthan Ground Water (Conservation and Management) Authority established under section 3;
2. (b) “category of usage” means the use of ground water resources for different purposes such as drinking, domestic, irrigation, industrial or commercial purposes and includes such other purposes, as may be specified by the Authority;
3. (c) “Chairperson” means the Chairperson of the Authority;
4. (d) “entity” means an organization or authority established under any law, including the Gram Panchayat, Panchayat Samiti, Zila Parishad, Municipality and any other Authority or Corporation established by the Central Government or the Government of Rajasthan or any of its department;
5. (e) “Government” means the Government of the State of Rajasthan;
6. (f) “ground water” means water occurring under its natural state, where it exists below the surface in the zone of saturation whereby it can be extracted through wells or any other means or emerges as springs and base flows in streams and rivers;
7. (g) “Member” means a Member of the Authority;
8. (h) “person” includes an individual, a company, a firm, an association of individuals or a body of individuals, whether incorporated or not;
   • (i) “prescribed” means prescribed by the rules made under this Act;
9. (j) “regulations” means the regulations made by the Authority under this Act;
10. (k) “rules” means rules made under this Act;
11. (l) “State” means the State of Rajasthan;
12. (m) “Sub-surface entitlement” means an individual or Bulk Water Entitlement to a volumetric quantity of water to be extracted in the command area of the irrigation project from a tube well, bore well or other well or by any other means of extraction of subsurface water or a group or field or wells duly and legally permitted, registered and constructed in accordance with the standards specified by the Authority;
13. (n) “volumetric” means a measurement of water on the basis of volume;
14. (o) “water” means ground water; and
15. (p) “Water Infrastructure” means any water extraction or harvesting or conservation structure.

1. (1) The Government shall, by notification in the Official Gazette and with effect from such date, as may be specified in the notification, establish, for the purposes of this Act, an Authority to be called the Rajasthan Ground Water (Conservation and Management) Authority.
2. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property both movable and immovable, and to contract and do all things necessary for the purposes of this Act and shall by the said name, sue or be sued.
3. (3) The Authority shall consist of following members, namely:-

Explanation.- For the purposes of this sub-section, the expression “Secretary to the Government” means the Secretary to the Government in-charge of a department and includes an Additional Chief Secretary and a Principal Secretary when he is incharge of that department.

1. (4) The Chairperson and Members other than ex-officio Members of the Authority shall be nominated by the Government, in the manner as may be prescribed.
2. (5) The Authority shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or Member and six months before the end of tenure of any Member, make a reference to the Government for filling up of the vacancy.
3. (6) The head office of the Authority shall be at Jaipur.

1. (1) The Chairperson of Authority shall be a person who has served as Chief Secretary/Additional Chief Secretary/ Principal Secretary/ Secretary to the Government with having experience in the field of Science and Technology/Engineering matters connected with water resources management and administration or who has served as Chief Engineer, Ground Water Department with having three years experience on that post.
2. (2) The members other than ex-officio members and Members of Legislative Assembly shall be a person of ability, integrity and standing, who have minimum experience of twenty year in dealing with management of water resources including Science, Technology or Engineering matters concerned with water resources.

1. (1) No person shall serve as Chairperson or Member other than ex-officio member and Members of Legislative Assembly to be nominated by the State Government, after he has attained the age of sixty-five years or maximum two terms of three years, from the date on which he enters upon his office, whichever is earlier.
2. (2) The salary, allowances and other terms and conditions of service of the Chairperson and Members other than ex-officio members shall be such, as may be prescribed.
3. (3) The Chairperson and Member shall, before entering upon his office, make and subscribe to an oath of office and secrecy in such form and in such manner and before such Authority, as may be specified by regulations.
4. (4) Notwithstanding anything contained in sub-sections (1) and (2), the Chairperson or any Member other than ex-officio member may,-
   • (i) relinquish his office by giving in writing, to the Government, a notice of not less than three months; or
   • (ii) be removed from his office in accordance with the provisions of section 6.

1. (1) The Government may, institute an inquiry and based on findings, by order, may remove from office, the Chairperson or any Member other than ex-officio member, if the Chairperson or such Member as the case may be,-
   • (i) has been adjudged an insolvent; or
   • (ii) has been convicted of an offence which, in the opinion of the Government, involves moral turpitude; or
   • (iii) has become physically or mentally incapable of acting as Chairperson or Member; or
   • (iv) has acquired such financial or other interest as is likely to affect prejudicially his function as Chairperson or Member; or
   • (v) has so abused his position as to render his continuance in office prejudicial to the public interest; or
   • (vi) if a declaration under sub-section (3) is found to be false or untrue; or
   • (vii) any other ground, as may be prescribed: Provided that the Chairperson or any Member shall not be removed from his office under clauses (iv) to (vii) without being given a reasonable opportunity of being heard.
2. (2) The Government may, during the period of inquiry, as mentioned in sub-section (1), against the Chairperson or any Member other than ex-officio member, suspend such Chairperson or Member from discharging the duties of his office.
3. (3) The Chairperson and Members shall, as soon as may be after nomination and every year thereafter, make a declaration, in such form and manner, as may be specified by regulations, on the extent of his interest, whether direct or indirect and whether pecuniary or otherwise, concerning or related to the affairs of the Authority and the declaration so made shall be placed on the website of the Authority.

1. (1) The Government may appoint Chief Engineer of Ground Water Department as Secretary of the Authority to exercise such powers and perform such functions, as may be specified by regulations. The post of Secretary shall be excadre post in Ground Water Department.
2. (2) The salary, allowances and other terms and conditions of service of the Secretary, shall be such, as may be prescribed.
3. (3) The Authority may with the prior approval of the Government, appoint such officers and other staff, in such manner and with such qualifications and experience, as may be specified by regulations.
4. (4) The salary, allowances payable to and other terms and conditions of service of officers and other staff of the Authority shall be such, as may be prescribed.
5. (5) The Authority may, with the prior approval of the Government, from time to time, depute any Government officer or appoint expert in the field of ground water sector, administration or engineering, as deemed necessary, on temporary basis, as may be specified by regulations.
6. (6) The Authority may, with the prior approval of the Government, appoint or hire, on such terms and conditions, consultants, Non-Government Organization or third party agencies to assist the Authority to discharge its functions, on temporary basis, as may be specified by regulations.

1. (1) The Authority shall meet at the head office, at such time, as the Chairperson may direct and shall observe such rules of procedure with regard to the transaction of business at its meetings, as may be specified by regulations.
2. (2) The quorum necessary for the transaction of business at a meeting of the Authority shall not less than one third of its members.
3. (3) The Chairperson, if he is unable to attend a meeting of the Authority, any other member nominated by the Chairperson in his behalf and, in the absence of such nomination or where there is no Chairperson, any Member chosen by the Members present from amongst themselves, shall preside over the meeting.
4. (4) All issues which come up before any meeting of the Authority shall be decided by a majority of votes of the Members present and voting, and in the event of an equality of votes, the Chairperson or the person presiding shall have the right to exercise a second or casting vote.
5. (5) Same as otherwise provided in sub-section (4), every Member shall have one vote.
6. (6) In case the Chairperson is unable to perform his duties due to illness or otherwise for a period of more than one month, the Government may nominate one of the Members to discharge the duties of the Chairperson till a Chairperson is appointed or he rejoins office, as the case may be.
7. (7) All orders and decisions of the Authority shall be authenticated by the Secretary or any other officer of the Authority duly authorized by the Chairperson in this behalf.
8. (8) If the Ex-officio Member is unable to attend the meeting of the Authority, he shall nominate any officer, not below the rank of Deputy Secretary, to attend the meeting.

No act or proceedings of the Authority shall be questioned or shall be invalidated merely on the ground of the existence of any vacancy or defect in the constitution of the Authority.

1. (1) There shall be a District Ground Water Conservation and Management Committee at each district of the State, which shall prepare District Ground Water Conservation and Management Plan.
2. (2) The composition of the District Ground Water Conservation and Management Committee shall be such, as may be prescribed.
3. (3) The District Ground Water Conservation and Management Committee shall submit the District Ground Water Conservation and Management Plan to Ground Water Department and shall execute all the directions of Authority under section 13.

1. (1) The Ground Water Department in consultation with other aligned departments shall prepare the State Ground Water Conservation and Management Plan taking into account progressively available information regarding water resources, including aquifer: Provided that before finalizing the State Ground Water Conservation and Management Plan the Ground Water Department shall submit the Plan to the Authority for evaluation.
2. (2) The Authority shall evaluate and appraise the State Ground Water Conservation and Management Plan.
3. (3) The objectives of the Ground Water Conservation and Management Plan shall be attainment of augmentation of Ground Water Resources for sustainability and their management.

1. (1) The Authority shall review, within three years from the notification issued under sub-section (1) of section 3, and as and when required thereafter, the Ground Water Conservation and Management Plan for the State.
2. (2) The Government may, on the recommendation of the Authority, if deemed necessary, divide the State into different categories other than Ground Water Resource Estimation Committee guidelines based on the trend of ground water level depletion, the level of water table, quality of ground water, availability of surface water or other relevant criteria, as it may deem appropriate in view of the local conditions: Provided that the categorisation shall not take effect unless a notice in this regard is published and objections, if any, are decided in such manner, as may be prescribed.
3. (3) The Authority may, with prior approval of the Government, conduct or cause to be conducted, annually or at such periods, as the Authority may deem necessary, field studies for the purpose of categorisation of the State into zones of ground water resource potential, usage and recharge.
4. (4) Based on the categorisation under sub-section (2), the Authority shall suggest/advise for any area within the State in such manner, as may be prescribed and it shall cover all aspects of demand and supply of water for various purposes.
5. (5) The Authority shall place advice/suggestions before the Government or any authority authorised by the Government in this behalf, which may, with such modifications as deemed necessary, approve it within a period of six months from the date of approval of aforesaid modifications.

1. (1) The Authority shall prepare and get approved a framework from the Government, for granting permissions under section 14 or to achieve any other purposes of this Act.
2. (2) The Authority shall evaluate and appraise the State Ground Water Conservation and Management Plan when received from the Ground Water Department. It shall review the Plan as and when required.
3. (3) The Authority may, with prior approval of the Government, issue directions, by giving notice, if any, in such form and in such manner, as may be prescribed, regarding the development, use, conservation and management of ground water resources in accordance with the Ground Water Conservation and Management Plan which may include the following, namely:-
   • (a) conditions for operation of existing ground water extracting structures and their regularization;
   • (b) restrictions on the utilization of ground water; (c) specifying areas in which the ground water users including industrial operations or processes utilizing ground water shall not be carried out or shall be carried out subject to certain conditions and safeguards;
   • (d) registration of all types of drilling rigs with the authority or with such entity, as may be specified by the authority within a given period;
   • (e) drilled or already dug structures for extraction of ground water without registration;
   • (f) users drawing ground water through any kind of [energies] energy means to register the extraction structure with the Authority or with such entity, as may be specified by the Authority within a given period;
   • (g) efficient use of ground water and to minimize the wastage or misuse of water and to promote recycling and reuse of water;
   • (h) installation and maintenance of instruments for measuring the quality and level of ground water and for volumetric measurement of the quantum of ground water extraction among various stake holders;
     • (i) water conservation and ground water recharge, including rainwater harvesting;
   • (j) any other directions, as may be considered necessary to achieve the objectives of this Act.
4. (4) The Authority may, publish or cause to be published such reports to disseminate scientific data and information to generate public awareness about ground water and its management.
5. (5) The Authority shall make recommendations to the Government for the establishment of a system for enforcement, monitoring and measurement of the quality and type of ground water use in compliance with the entitlements as issued by the Authority.
6. (6) The Authority shall recommend Bulk Water Entitlements for rural water supply, municipal water supply or industrial /commercial water supply.
7. (7) The Authority shall have the power to take suo-moto cognizance of any subject dealing with or involving ground water and issue directions with prior approval of the Government.

Any entity or person, who intends to use ground water shall apply to the Authority, in such form and in such manner, along with such fee, for permissions for proposed and existing ground water extraction structures, as may be prescribed, [[however no such permission shall be required for extraction of ground water for agricultural purpose.]] however no such permission shall be required for extraction of ground water for purposes or conditions as notified by the State Government in public interest.

The Government may, in consultation with the Authority, by notification in the Official Gazette, relax any restriction imposed under this Act.

1. (1) The Authority shall recommend to the Government, a tariff for all uses of ground water.
2. (2) The tariff shall be determined by the Authority and shall be based on the principles of economy, efficiency, equity and sustainability, in such manner, as may be prescribed. As far as possible, the tariff shall be based on volumetric measurements of water consumption and shall be designed reasonably.
3. (3) The tariff shall be revised as per need/prevailing circumstances after approval of the Government.

1. (1) The Authority may appoint any of its officers or, in consultation with the Government, such officer as may be nominated by the Government, as Enquiry Officer for the purposes of making any inquiry under this Act: Provided that nothing in this section shall prevent the Authority to conduct any inquiry on its own.
2. (2) The Authority or the Enquiry Officer appointed under sub-section (1), shall have the powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) in respect of the following matters, namely:-
   • (i) summoning and enforcing the attendance of any person and examining him on oath;
   • (ii) requiring the discovery and production of documents;
   • (iii) receiving evidence on affidavits;
   • (iv) requisitioning any public record or copy thereof from any court or office;
   • (v) issuing summons for examination of witnesses.
3. (3) The Enquiry Officer shall, on conclusion of the inquiry, present his report to the Authority: Provided that the Enquiry Officer shall, submit interim report to the Authority, as and when required by the Authority.
4. (4) The Authority may, on the conclusion of the inquiry, made by the Authority or on receipt of the final or interim report from the Enquiry Officer, take such action as it deems fit, subject to the provisions of this Act.

Any person appointed as Enquiry Officer or any officer nominated by the Government under section 17, shall have the right to enter, at all reasonable times with such assistance, as he may consider necessary, any place for the purpose of determining whether and, if so, in what manner, orders or directions given by the Authority under this Act are being complied with.

1. (1) A person or entity shall be liable for such penalty, as may be prescribed, for unauthorized acts, if such person or entity,-
   • (i) constructs or installs new ground water extraction structure or makes alterations in existing structures without permission in such areas where such permission is required under the provisions of this Act;
   • (ii) violates any terms and conditions imposed by the Authority under the provisions of this Act;
   • (iii) exploits or degrades or pollutes the quality of ground water or harms or causes to be harmed in order to degrade the quality of ground water;
   • (iv) drills or digs for extraction of ground water without prior permission, as may be prescribed;
   • (v) causes hindrance or abets hindrance in the works of water infrastructure;
   • (vi) damages or caused to be damaged or abet to damage any water infrastructure; and
   • (vii) commits such acts or violates such conditions, as may be prescribed.
2. (2) Any entity or person held liable under this section, shall on second and every subsequent commission of unauthorized act of the same nature, be liable to penalty which shall be five times the penalty as prescribed under sub-section (1).

1. (1) The Authority may compound an unauthorized act on payment of such penalty, as may be prescribed. The amount of penalty shall be deposited with the Authority.
2. (2) On payment of penalty referred to under sub-section (1), no further proceedings shall be taken against the person committing unauthorized acts, in respect of the same act and any proceedings, if already taken or initiated, shall stand abated.

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 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 provided in this Act, if he proves that the offence was committed without his knowledge or that he has 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 the offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section-
   • (a) “company” means a body corporate and includes a firm or association of persons or body of individuals, whether incorporated or not;
   • (b) “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.

Whoever fails to comply with or contravenes any direction or order issued under this Act or abets the contravention or non-compliance thereof, shall be deemed to have committed an offence under this Act and shall, on conviction, be punishable,-

1. (i) for the first offence, with a fine upto fifty thousand rupees; and
2. (ii) for the subsequent offence, with an imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees, or both.

No court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing, made by the Authority or by any officer duly authorized by the Authority.

1. (1) The Authority shall have and maintain a separate Fund to be called the Rajasthan Ground Water (Conservation and Management) Authority Fund to which, the following shall be credited, namely:-
   • (i) any grants and loans made to the Authority by the Government or Central Government or loans from any financial agency with the prior concurrence of the Government;
   • (ii) all fees, charges and penalty received by the Authority; and
   • (iii) all sums received by the Authority from such other sources, as may be decided by the Government.
2. (2) The Fund shall be applied for meeting,-
   • (i) the salary, allowances and other remuneration of the Chairperson, Members, Secretary, officers and other employees of the Authority;
   • (ii) the expenses of the Authority in the discharge of its functions under this Act; and
   • (iii) the expenses incurred to achieve the objects and purposes authorised by this Act.
3. (3) The Government shall prescribe the manner of applying the Fund for meeting the expenses mentioned in clause (ii) and clause (iii) of sub-section (2).
4. (4) The Fund shall be maintained in a Personal Deposit Account or as directed by the Government.

1. (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form and manner, as may be prescribed.
2. (2) The accounts of the Authority shall be subject to audit annually by the Principal Accountant General of Rajasthan/ Accountant General of Rajasthan and any expenditure incurred in connection with such audit shall be payable by the Authority.
3. (3) The Principal Accountant General of Rajasthan/ Accountant General of Rajasthan and any person appointed by him in connection with the audit of accounts of the Authority shall have the same rights, privileges and Authority in connection with such audit as the Principal Accountant General of Rajasthan/ Accountant General of Rajasthan has in connection with the audit of the Government accounts and in particular, shall have right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Authority.
4. (4) The accounts of the Authority as certified by the Principal Accountant General of Rajasthan/ Accountant General of Rajasthan or any person appointed by him in this behalf together with the audit report thereon and an explanatory memorandum on the action so taken or proposed to be taken shall be forwarded annually to the Government and the Government shall cause a copy of the same to be laid before the House of the State Legislature.
5. (5) The Authority shall cause the accounts of the Authority together with the audit report and the explanatory memorandum to be placed on the website of the Authority after the report has been laid before the House of the State Legislature under sub-section (4).

1. (1) The Authority shall prepare for every year a report of its activities during that year and submit the annual report to the Government in such form and manner and on or before such date, as may be prescribed and the Government shall cause the report to be laid before the House of the State Legislature.
2. (2) The report referred to in sub-section (1) shall include an explanatory memorandum on the status of implementation of the annual plan of action on relief measures, schemes implemented along with gaps and shortfalls, if any, in implementation and reasons for such shortfall.
3. (3) The Authority shall cause the report together with the explanatory memorandum to be placed on the website of the Authority after the report has been laid before the House of the State Legislature under sub-section (1).

1. (1) The Government may issue to the Authority such general or special directions in writing in matters of policy involving public interest and the 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.

The Chairperson, Members, officers and other employees of the Authority and every other officer exercising any of the powers conferred by this Act or rules or regulations made thereunder, shall be deemed to be a public servant within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (Central Act No. 45 of 2023).

No suit, prosecution or other legal proceedings shall lie against any person for anything done or intended to be done in good faith in pursuance of the provisions of this Act or rules or regulations made thereunder.

1. (1) The Government may, by notification, make rules for carrying out the purposes of this Act.
2. (2) All rules made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which they are so laid, or of the session immediately following, the House of the State Legislature makes any modifications in any of such rules, or resolves that any such rule should not be made, such rules shall thereafter have effect only in such modified form or be 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 thereunder.
3. (3) Every rule made under this Act shall be published by the State Government in the Official Gazette.

The Authority may, by notification, make regulations for all or any of the matters provided under this Act which in the opinion of the Authority, are necessary for the exercise of its powers and the discharge of its functions under this Act.

1. (1) The provision of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other State law for the time being in force.
2. (2) The provision of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification in the Official Gazette, make such provisions, not inconsistent with this Act, as it deems necessary or expedient for removing the difficulty: Provided that no order under this section shall be made after expiry of two years from the date of the commencement of this Act.
2. (2) Every notification issued under this section shall, as soon as may be after it is issued, be laid before the House of State Legislature.