PRESS-NOTEL.A.Bill No. XLII of 2009 – A BILL to facilitate and ensuresustainable and adequate supply of groundwater of pre...
1L. A. BILL No. XLII OF 2009.A BILLto facilitate and ensure sustainable and adequate supply ofgroundwater of prescribed qu...
2management measures, protecting public drinking water sourcesand to establish the State Groundwater Authority and Distric...
3(ix) "Expert Bodies" means the Central or the State Governmentorganizations, institutions or agencies and private sector ...
4storage reservoir, stand posts, cisterns, hand pump, power pumpand all other materials connected thereto, through which w...
5co-operative society registered under the MaharashtraCo-operative Societies Act, 1960, Panchayat, Private Bulk Users,Publ...
6CHAPTER IISTATE GROUNDWATER AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES3. (1) The Maharashtra Water Resources Regulatory ...
7drinking water source within the notified and non-notified areas inthe State, in consultation with the Groundwater Survey...
8The State Government shall levy appropriate cess from such userstill such time these plans are notified. The District Aut...
9industrial and other premises having an area of one hundredsquare metres or more within the stipulated period failing whi...
10Provided that, any groundwater user in such area may approachthe Watershed Water Resources Committee for permitting cult...
1116. (1) The State Government shall, by notification in theOfficial Gazette, assign the responsibility of the State Water...
1221. The District Authority shall also define and notify the areaof influence around the Public Drinking Water Sources ba...
13Water Source in that watershed area of the district is likely to be lessthan the requirement of the human being and live...
14(f) by order, in writing, require the person sinking a well tokeep and preserve, in the prescribed manner, the specimens...
15CHAPTER VWATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONSAND DUTIES.29. (1) The State Authority shall constitu...
16(g) representative of concernedWater Users Association, if a partof the command area of an IrrigationProject is included...
17(4) The Watershed Water Resources Committee shall also suggestand persuade the existing users of groundwater and owners ...
18promote the concept of community ownership of the groundwater,the concept of protection of the rights of the small and m...
19CHAPTER VIACCOUNTS AND AUDIT38. The State Government may, after appropriation duly madeby the State Legislature, by law ...
2043. The Groundwater Surveys and Development Agency shallassist the Watershed Water Resources Committee and Panchayatin p...
21CHAPTER VIIIMISCELLANEOUS.47. Every order under this Act shall be served, in the manner asmay be prescribed.48. (1) The ...
22(ii) for the subsequent offence, with imprisonment for a termwhich may extend to six months, or with fine which may exte...
2355. (1) No prosecution for an offence under this Act shall beinstituted except by or with the written consent of the Dis...
24modification or annulment shall be without prejudice to the validityof anything previously done or omitted to be done un...
25STATEMENT OF OBJECTS AND REASONSThe Maharashtra Groundwater (Regulation for Drinking WaterPurposes) Act, 1993 (Mah. XXVI...
26
27MEMORANDUM REGARDING DELEGATED LEGISLATIONThe Bill involves the following proposals for delegation oflegislative power, ...
28Clause 8(1).— Under the proviso to this clause, power is takento the State Government to prescribe, by rules, the manner...
29Clause 10(1).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which the ...
30Clause 18(3).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which thed...
31Clause 27.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theDist...
32Clause 32(1).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner and the form ...
33Clause 43.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theGrou...
3435GOVERNOR’S RECOMMENDATION UNDER ARTICLE 207OF THE CONSTITUTION OF INDIA(Copy of Order, Government of Maharashtra, Law ...
35MAHARASHTRA LEGISLATURESECRETARIAT[ L. A. BILL No. XLII OF 2009.][A Bill to facilitate and ensuresustainable and adequat...
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Maharashtra groundwater (development and management) Act 2009

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Maharashtra groundwater (development and management) Act 2009

  1. 1. PRESS-NOTEL.A.Bill No. XLII of 2009 – A BILL to facilitate and ensuresustainable and adequate supply of groundwater of prescribed quality, forvarious category of users, through supply and demand managementmeasures, protecting public drinking water sources and to establish the StateGroundwater Authority and District Level Authorities to manage and toregulate, with community participation, the exploitation of groundwaterwithin the State of Maharashtra; and matters connected therewith orincidental thereto has been referred to a Joint Committee of both the Housesof the Maharashtra State Legislature under the Chairmanship of ShriLaxman Dhoble, Hon. Minister for Water Supply and Sanitation . The JointCommittee has decided to invite suggestions from members of the public,interested in the subject matter. Those intend to send their suggestions maysend in the form of a Memorandum in triplicate, so as to reach theMaharashtra Legislature Secretariat by 5.00 p.m. on or before Fridaythe 8th October, 2010 to Shri M. M. KAJ, Deputy Secretary,Maharashtra Legislature Secretariat, Vidhan Bhavan, BackbayReclamation, Mumbai - 400 032.The copies of the Bill in English and Marathi are available on website.www.maharashtra.gov.in. (Code 20100909184830001) The copies of theBill are available on the Office of the all Zilla Parishads, PanchyayatSamitis, District libraries and District office of the Groundwater Survey andDevelopment Agency.
  2. 2. 1L. A. BILL No. XLII OF 2009.A BILLto facilitate and ensure sustainable and adequate supply ofgroundwater of prescribed quality, for various category of users,through supply and demand management measures, protectingpublic drinking water sources and to establish the StateGroundwater Authority and District Level Authorities to manageand to regulate, with community participation, the exploitationof groundwater within the State of Maharashtra; and mattersconnected therewith or incidental thereto.WHEREAS it is expedient to make a law to facilitate andensure sustainable and adequate supply of groundwater of prescribedquality, for various category of users, through supply and demandHb 3219—1510Price Rs. 20
  3. 3. 2management measures, protecting public drinking water sourcesand to establish the State Groundwater Authority and District LevelAuthorities to manage and to regulate, with community participation,the exploitation of groundwater within the State of Maharashtra;and matters connected therewith or incidental thereto; it is herebyenacted in the Sixtieth Year of the Republic of India as follows :—CHAPTER IPRELIMINARY1. (1) This Act may be called the Maharashtra Groundwater(Development and Management) Act, 2009.(2) It extends to the whole of the State of Maharashtra.(3) It shall come into force on such date as the State Governmentmay, by notification in the Official Gazette, appoint.2. (1) In this Act, unless the context otherwise requires,—(i) "aquifer" means geological formation saturated with waterbelow ground;(ii) "Area of Influence" means the entire area beneath whichgroundwater or pressure surface contours are modified bypumping, which includes the area of pumping depression andarea of diversion;(iii) "artificial recharge to groundwater" means the process bywhich groundwater reservoir is augmented in excess of rechargeunder natural conditions of replenishment;(iv) "Deep-Well" means a machine-made pit or hole, usuallyvertical, that derives groundwater from the pores, weatheredstrata, interstices, fractures or joints of the rocks or soils that itpenetrates, and includes a bore-well, tube-well of normally sixtymetre or of more depth, which tap one or more aquifers;(v) "District Authority" means the Authority appointed undersection 17;(vi) "District Watershed Management Committee" means theDistrict Watershed Management Committee constituted undersection 18;(vii) “drinking water purposes”, in relation to the use of water,means consumption or use of water by human population fordrinking and for other domestic purposes such as cooking, bathing,washing, cleaning and other day - to - day activities, and includesconsumption of water for similar such relevant purposes for live-stock;(viii) "Empowered Committee" means the Empowered Committeespecified under section 15;Short title,extent andcommence-ment.Definitions.510152025303540
  4. 4. 3(ix) "Expert Bodies" means the Central or the State Governmentorganizations, institutions or agencies and private sector andnon-government organizations, accredited by the CentralGovernment or the State Government or the State Authority,working in the groundwater sector;(x) "Government" or "State Government" means theGovernment of Maharashtra;(xi) "groundwater" means water existing in an aquifer belowthe surface of the ground in the zone of saturation which can beextracted through wells, borewells, tubewells or any other meansor emerges as springs and base flow in streams and rivers;(xii) "Groundwater Surveys and Development Agency" meansthe Groundwater Surveys and Development Agency, under theWater Supply and Sanitation Department of the Government;(xiii) "hydrological year" means the year which starts from the1st day of the month of June and ends on the 31st day of themonth of May, every succeeding year;(xiv)"Integrated Watershed Development and ManagementPlan" means an Integrated Watershed Development and Manage-ment Plan prepared under sub-section (2) of section 9;(xv) "non-notified areas" means areas other than the notifiedareas;(xvi) "notified areas" means areas included in over-exploited orcritical or water quality affected watershed or aquifer or any suchcategorization as per the groundwater estimations carried out,based on the guidelines issued, from time to time, by the CentralGovernment and State Government, which have been notified bythe Authority for regulation of extraction of groundwater afterfollowing the procedure indicated in section 4;(xvii) "Panchayat" means a Panchayat established or deemedto have been established under the Bombay Village PanchayatsAct, 1958;(xviii) "Panchayat Samiti" means a Panchayat Samiticonstituted under the Maharashtra Zilla Parishads andPanchayat Samitis Act, 1961;(xix) "prescribed" means prescribed by the rules ;(xx) "Public Drinking Water Source" means a source fromwhich the State Government or a local authority or such otherauthority as the State Government may, by notification in theOfficial Gazette specify, provides water to the public and includessuch well, borewell, tubewell or any other drinking water sourceas may be notified by the District Authority;(xxi) "Public Water Supply System" means the structure relatingto a public drinking water source, including conveying pipelines,Bom.III of1959.Mah.V of1962.Hb 3219—1a510152025303540
  5. 5. 4storage reservoir, stand posts, cisterns, hand pump, power pumpand all other materials connected thereto, through which water issupplied for drinking water purposes;(xxii) "rain water harvesting" means the technique of collectionand storage of rain water on surface or in sub-surface aquifer orother structures;(xxiii) "recharge worthy area" means area favourable forgroundwater recharge and storage, as delineated by theGroundwater Surveys and Development Agency;(xxiv) "rules" means the rules made under this Act;(xxv) "sand mining" means the process of the actual removal ofsand from the foreshore including rivers, streams, lakes, etc., andalso the coastal areas;(xxvi) "sink" means, with all its grammatical variations andcognate expressions, in relation to a well, includes digging, drillingor boring of a new well or an existing well, deepening andmodification of radials and galleries of the existing wells;(xxvii) "stakeholders of the area" means the authorities,corporate bodies and persons concerned with the planning,development, regulation and management of groundwater anduses thereof;(xxviii) "State Authority" means the State Ground WaterAuthority established under section 3;(xxix) "State Watershed Management Council" means the StateWater Council constituted under section 16 of the MaharashtraWater Resources Regulatory Authority Act, 2005;(xxx) "Talathi" means revenue functionary at the level ofvillage or group of villages;(xxxi) "urban local bodies" means a Council constituted underthe Maharashtra Municipal Councils, Nagar Panchayats andIndustrial Townships Act, 1965, and a Municipal Corporationconstituted under the Mumbai Municipal Corporation Act or theCity of Nagpur Corporation Act, 1948 or the Bombay ProvincialMunicipal Corporations Act, 1949;(xxxii) "user of groundwater" means the person or persons oran institution including a company or an establishment, whetherGovernment or non-Government, Water Users Association,Groundwater Users Association, Industrial Users Association,Mah.XVIIIof2005.Mah.XL of1965.Bom.III of1888.C.P.andBerarII of1950.Bom.LIX of1949.5101520253035
  6. 6. 5co-operative society registered under the MaharashtraCo-operative Societies Act, 1960, Panchayat, Private Bulk Users,Public Registered Bodies, etc., or any other group of community,who or which extracts and uses or sells groundwater for anypurpose including domestic, industrial or agricultural purposes;(xxxiii) "water scarcity area" means an area declared as suchby the District Authority under section 25;(xxxiv) "watershed" means an area confined within thetopographic water divide line, as identified and notified by theGroundwater Surveys and Development Agency, from time totime, having regard to the purposes of this Act;(xxxv) "watershed or aquifer based groundwater use plan"means the groundwater plan prepared by the Watershed WaterResources Committee or Panchayat, with the technical assistanceof the Groundwater Surveys and Development Agency, whichindicates the groundwater status or levels in the watershed oraquifer and includes the water account and water budget of bothrecharge and withdrawal of groundwater of the area during thehydrological year;(xxxvi) "Water Resources Act" means the Maharashtra WaterResources Regulatory Authority Act, 2005;(xxxvii) "Water Users Association" means a Water UsersAssociation formed at minor level or above , which represents theusers of irrigation water from that segment of any project, canalor natural flow or storage system;(xxxviii) "Watershed Water Resources Committee" means theWatershed Water Resources Committee constituted undersection 29;(xxxix) "well" means a well sunk for the search or extraction ofgroundwater by a person or persons and includes open-well, dug-well, bore-well, dug-cum-bore-well, tube-well, filter point, collectorwell, infiltration gallery, recharge well, disposal well or any oftheir combinations or variations, excluding the structures sunkby the authorised officials of the Central or the State Governmentfor carrying out scientific investigations, exploration,augmentation, conservation, protection or management ofgroundwater.(2) Words and expressions used and not defined in this Act butdefined in various irrigation or water resources or other related Actsin the State, in force shall have the same meanings as respectivelyassigned to them in those Acts.Mah.XXIV of1961.Mah.XVIIIof2005.510152025303540
  7. 7. 6CHAPTER IISTATE GROUNDWATER AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES3. (1) The Maharashtra Water Resources Regulatory Authorityestablished under section 3 of the Water Resources Authority Act,shall be the State Groundwater Authority for the purposes of thisAct, who shall exercise the powers conferred on and discharge suchfunctions and duties as assigned to it, under this Act, in the manneras may be prescribed.(2) In addition to the five special invitees mentioned in clause (d)of sub-section (1) of section 4 of Water Resources Act, the StateAuthority shall invite the Director, Groundwater Survey andDevelopment Agency and one expert from the field of groundwaterand one woman representing the users of groundwater as may bespecified by the Government and on such terms and conditions asmay be prescribed for assisting the State Authority in taking policydecisions.4. (1) The State Authority, after receiving recommendationsfrom the Groundwater Surveys and Development Agency and viewsof various institutions working in the groundwater field includingthe Central Groundwater Authority, based on scientific groundwaterquality studies and estimation and after ascertaining the views ofthe users of groundwater of the area, is of the opinion that it isnecessary or expedient in the public interest to regulate the extractionor the use of groundwater or both in any form in a watershed oraquifer area, shall declare such area to be a notified area, bynotification in the Official Gazette, for the purposes of this Act, witheffect from such date as may be specified therein.(2) On notifying an area under sub-section (1), the StateAuthority shall establish the Watershed Water Resources Committeeunder section 29 of this Act, with the objective of promoting andregulating the development and management of groundwater inthe notified area.5. If in the opinion of the State Authority, the availability andquality of groundwater has improved in the notified area, it shall,after consultation with the Groundwater Surveys and DevelopmentAgency and after obtaining the views of expert bodies, including theCentral Groundwater Authority, de-notify such area by notificationin the Official Gazette.6. (1) No user of groundwater shall do anything or release anyeffluent that contaminates the groundwater either temporarily orpermanently.(2) The State Authority shall take such measures as may benecessary for the protection and preservation of water quality ofStateGround-waterAuthority.Powers tonotify areasto regulatethedevelopmentandmanagementof ground-water.Powers tode-notifyareas.Protectionof waterquality.510152025303540
  8. 8. 7drinking water source within the notified and non-notified areas inthe State, in consultation with the Groundwater Surveys andDevelopment Agency and District Authority.(3) The State Authority shall take such necessary measures asmay be prescribed for the protection and preservation ofgroundwater quality of all the existing drinking water sources inthe State, including the measures for protecting the drinking watersources and recharge worthy areas.(4) The funds required for implementing such measures shall bemade available to the State Authority by the State Government.(5) The State Authority shall refrain the polluters of thegroundwater, including the rural or urban local bodies, frompolluting the groundwater sources and take such measures, as maybe prescribed, to restore the quality of water to the prescribedstandards, at the cost of the polluter.7. The State Authority shall ensure the registration of all theowners of wells both in notified and non-notified areas of the State,in the manner as may be prescribed.8. (1) The State Authority shall prohibit the drilling of deep-wells within the notified and non-notified area, for agriculture or,industrial usage :Provided that, the State Authority may, after recording the reasonsin writing and in the prescribed manner grant specific permission toany person or user of groundwater to drill any deep well within thenotified or non-notified area, for drinking water purposes.(2) The State Authority shall regulate, including total ban on, theconstruction of wells, other than deep-wells, for any purpose withinthe notified areas.(3) On the advice of the State Authority, the State Governmentshall give such guidelines to the concerned Authority to levy suchcess as may be prescribed, on the use of existing deep-wells in thenon-notified areas :Provided that, the proceeds of cess levied shall be forwarded bythe concerned Authority to the Panchayat or the urban local body,as the case may be, and the same shall be used for implementinggroundwater conservation programme.(4) The State Authority shall direct the District Authority toexercise a total prohibition on pumping of groundwater from theexisting deep-wells at a depth of sixty metres or more, in the notifiedarea. The users of deep-wells in the notified area shall follow theGroundwater Use Plan and Crop Plan prepared under section 10.Registrationof wellowners inthe State.Prohibitionof drilling ofdeep-wells,withdrawalof ground-water fromexistingdeep-welland levy ofcess.510152025303540
  9. 9. 8The State Government shall levy appropriate cess from such userstill such time these plans are notified. The District Authority shallensure the implementation in the manner as may be prescribed.(5) No person or user of groundwater shall indulge in sale ofthe groundwater, within the notified area, without the priorpermission of the District Authority obtained in the manner as maybe prescribed.9. (1) The State Authority shall identify the recharge worthyareas in the State, in consultation with the Groundwater Surveysand Development Agency and the Central Groundwater Board andissue necessary guidelines for rain water harvesting to rechargegroundwater.(2) The State Authority shall direct the District WatershedManagement Committee, in consultation with the Watershed WaterResources Committee, Panchayat and the Groundwater Surveysand Development Agency, to prepare an Integrated WatershedDevelopment and Management Plan for artificial recharge ofgroundwater on priority for the notified areas and subsequently forthe non-notified areas. This plan shall be a part of the sub-basinand basin-wise water plan of the State.(3) The State Government and the State Authority shall ensurethe implementation of the Integrated Watershed Development andManagement Plan in consultation with the Watershed WaterResources Committee and Panchayats. The State Government shallimplement the Integrated Watershed Development and ManagementPlan for the artificial recharge of groundwater within the notifiedareas on priority. The District Watershed Management Committee,constituted under this Act, shall monitor the implementation of theplan in the manner as may be prescribed.(4) The funds required for implementing such measures shallbe made available to the State Authority by the State Government.(5) The State Authority shall also ensure the engagement of thestakeholders in watershed development and management tofacilitate groundwater recharge through community participation.(6) The State Authority shall issue guidelines to dis-incentivisethe groundwater users for taking water intensive crops, in themanner as may be prescribed.(7) In urban areas falling in notified areas, the State Authorityshall issue directives to the concerned authorities or urban localbodies for ensuring construction of appropriate rain water harvestingstructures in favourable ortechnically suitableresidential,commercial,Rain waterharvestingfor artificialrecharge ofground-water.510152025303540
  10. 10. 9industrial and other premises having an area of one hundredsquare metres or more within the stipulated period failing whichthe urban local bodies may get such rain water harvesting structureconstructed and recover the cost incurred alongwith a penalty fromthe occupants, in the prescribed manner.(8) Notwithstanding anything contained in the relevant laws,the urban local bodies or any other local authority, as the case maybe, may impose necessary conditions for providing rooftop rainwater harvesting structures in the building plan in the area of onehundred square metres or more, before according approval forconstruction and permanent water and electricity connections shallbe extended only after compliance of the directions given in thisregard, in the manner as may be prescribed.(9) The State Authority itself or through other agencies shalltake steps for promotion of Mass Awareness and TrainingProgramme for Watershed Water Resources Committee andstakeholders on rain water harvesting and artificial recharge togroundwater through Government Agencies, Non-GovernmentOrganisations, Volunteer Organisations, educational institutions,Industries or individuals.(10) The State Authority may encourage or incentivize the bestpractices, innovative activities implemented by the Watershed WaterResources Committee, village, local community or Non-GovernmentOrganisations, by giving some incentives through State Governmentin the manner as may be prescribed.10. (1) On the advice of the State Authority, the StateGovernment shall give directives to the concerned Governmentauthorities to prepare a prospective Crop Plan based on theGroundwater Use Plan in the notified area, in consultation with theDistrict Authority, the Watershed Water Resources Committee andPanchayat, in the manner as may be prescribed.This plan shall be binding on all the stakeholders and non-observance of the plan shall be deemed to be a cognizable offenceunder this Act.(2) The State Government, on the advice of the State Authority,shall direct the concerned Government authorities to createnecessary infrastructure and linkages for water efficient crops.(3) The State Authority, based on the recommendations of theWatershed Water Resources Committee and the GroundwaterSurveys and Development Agency and the watershed or aquiferwise Groundwater Use Plan and Crop Plan, may declare a totalprohibition on the water intensive crops in the notified areas:Ground-water UsePlan andCrop Plan.Hb 3219—2510152025303540
  11. 11. 10Provided that, any groundwater user in such area may approachthe Watershed Water Resources Committee for permitting cultivationof such water intensive crops in the manner as may be prescribed.The Watershed Water Resources Committee upon receiving arequest for permitting cultivation of such water intensive crops byany groundwater user in such area, may consider the request forcultivation of such crops on the condition that the applicant wouldminimize the usage of groundwater in the cultivation of such cropsand also take such water conservation measures at his own cost tomaintain the water budget of the village.11. The State Authority in consultation with the GroundwaterSurveys and Development Agency, shall issue necessary guidelinesto the concerned Government authorities regarding implementationof watershed and aquifer based Groundwater Use Plan in non-notified areas. The State Authority shall give preference to theareas having possibility of becoming critical or polluted and alsogive directives to encourage the farmers in the non-notified areasfor adopting suitable cropping pattern as per the availability ofwater resources and watershed wise Groundwater Use Plan.12. The State Authority shall monitor compulsory registrationof drilling rig owners and operators in the State, with theGroundwater Surveys and Development Agency on such terms andconditions and in the manner as may be prescribed.13. The State Authority shall issue guidelines to the concernedGovernment authorities to take appropriate precautionary measuresfor the safety of wells. The Panchayat and the urban local bodies inthe area shall monitor it.14. The State Authority may, by general or special order inwriting, direct that all or any of the powers or duties which may beexercised or discharged by it under theAct shall, in such circumstancesand under such conditions, if any, as may be specified in the orderissued in this behalf by the State Authority, be exercised ordischarged by any employee of the State Authority, the DistrictAuthority, the Watershed Water Resources Committee or theGroundwater Surveys and Development Agency.15. (1) The State Water Board constituted under section 15 of theWater Resources Act shall be the Empowered Committee for thepurposes of this Act.(2) The Empowered Committee shall integrate the IntegratedWatershed Development and Management Plan for the entire Stateand shall submit it to the State Watershed Management Council forits approval. This plan shall be a part of the Integrated WatershedDevelopment and Management Plan.Guidelinesforpreventivemeasures.Registrationof drillingagencies.Safetymeasuresfor well.Delegationof powersand duties ofthe StateAuthority.EmpoweredCommittee.510152025303540
  12. 12. 1116. (1) The State Government shall, by notification in theOfficial Gazette, assign the responsibility of the State WatershedManagement Council to the State Water Council constituted undersection 16 of the Water Resources Act.(2) The State Water Council and State Watershed ManagementCouncil shall approve the Integrated Watershed Development andManagement Plan for the entire State and shall ensure its integrationwith the State Water Plan.CHAPTER IIIDISTRICT AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES17. The State Government shall, by notification in the OfficialGazette, designate any officer not below the rank of Tahsildar, to bethe District Authority for such area as may be specified in thenotification for the purposes of this Act.18. (1) The State Government shall, by notification in theOfficial Gazette, constitute a District Committee to be known as theDistrict Watershed Management Committee for the purposes of thisAct.(2) The District Watershed Management Committee shall consistof the Guardian Minister of the District as Chairperson and suchother members as may be prescribed, to be nominated by the StateGovernment. The Collector shall be the Member-Secretary of theDistrict Watershed Management Committee.(3) The decisions of the District Watershed ManagementCommittee, shall be implemented by the District Authority, in themanner as may be prescribed.19. The District Watershed Management Committee shall prepareIntegrated Watershed Development and Management Plan forartificial recharge of the groundwater in consultation with theGroundwater Surveys and Development Agency, the WatershedWater Resources Committee and Panchayat, for the notified areason priority and for non-notified areas subsequently, in the manneras may be prescribed.20. The District Authority shall, by order, notify the PublicDrinking Water Source.StateWatershedManagementCouncil.DistrictAuthority.Constitu-tion ofDistrictWatershedManagementCommittee.Preparationof IntegratedWatershedDevelopmentandManagementPlan.Power tonotify PublicDrinkingWaterSource.H 1322—2a5101520253035
  13. 13. 1221. The District Authority shall also define and notify the areaof influence around the Public Drinking Water Sources based onthe data provided by the Groundwater Surveys and DevelopmentAgency. Upon such source and its area of influence being notifiedunder this section, no person shall sink any well for any purpose inthe area of influence, within a distance of five hundred metres ofsuch notified water source :Provided that, the provisions of this section shall not apply to thesinking of a well on behalf of the State Government or a localauthority for being used as a Public Drinking Water Source.22. If, any existing well, within the area of influence, in thenotified and non-notified areas or in the notified area other thanan area of influence, is found to be adversely affecting any PublicDrinking Water Source, the District Authority may, afterascertaining the views of the Watershed Water Resources Committeeand Panchayat, and on the technical advice of the GroundwaterSurveys and Development Agency, notwithstanding anythingcontained in any other law for the time being in force havingregard to the quantum and pattern of rainfall and any otherrelevant factors, and after giving its owner a reasonable opportunityof being heard, by an order, prohibit the extraction of water fromsuch well for a reasonable period, in the manner as may be prescribed.23. The District Authority shall take necessary action forpreservation of quality of groundwater of the drinking water sourceand shall regulate extraction of groundwater in villages, in themanner as may be prescribed, where drinking water sources aregetting contaminated by any means.24. The District Authority shall be assisted by Panchayat insustainable management of drinking water sources and protectionof drinking water sources during water scarcity, under this Act.CHAPTER IVDECLARATION OF WATER SCARCITY AREA AND PROTECTION OF DRINKINGWATER SOURCES DURING WATER SCARCITY25. If, at any time during the course of monsoon or thereafter,the District Authority, based on the advise of the GroundwaterSurveys and Development Agency, suo-motu or on the request ofthe Watershed Water Resources Committee or Panchayat, havingregard to the quantum and pattern of rainfall and water level datain watershed area, or any other relevant factor, is of the view thatthe availability of the drinking water from the Public DrinkingNotificationof area ofinfluence andprohibitionofconstructionof wellswithincertainlimits.Prohibitionof extractionof waterfrom anexisting wellfor a certainperiod.Protection ofdrinkingwater sourcesagainstcontamina-tion.DistrictAuthority tobe assisted byPanchayat.Declarationof waterscarcity area.510152025303540
  14. 14. 13Water Source in that watershed area of the district is likely to be lessthan the requirement of the human being and livestock populationof that area, it may, by order, declare such area to be a waterscarcity area for such period, as may be specified in the order, butnot exceeding one hydrological year at a time.26. On declaration of water scarcity area under section 25, theDistrict Authority may, for the duration of such water scarcityperiod, by order, regulate the extraction of groundwater from anywell, including the temporary closure of such well, in that area,within the Area of Influence or within a distance of one kilometer ofthe Public Drinking Water Source, whichever is more, in the manneras may be prescribed.27. Where an order of temporary closing down is made undersection 26, the District Authority may, in consultation with theconcerned department of the State Government, on making suchinquiry and requiring the owner to produce such evidence as itmay deem necessary, make an order of payment of compensationonly for the crops standing at the time of order, which shall not beless than the market value thereof, in the manner as may beprescribed.28. (1) The District Authority shall enforce the decisions of theWatershed Water Resources Committee. Whenever it is necessaryto make an inquiry or to implement or enforce any decisions underthis Act, in connection with the protection of a Public DrinkingWater Source or with the maintenance of a public water-supplysystem, the District Authority or any officer duly authorized by it inthis behalf, may, after giving prior notice to the owner or occupier ofany land,—(a) undertake surveys or take levels thereon;(b) conduct pumping tests and geophysical surveys;(c) install and maintain water level recorder and water gaugeson the well;(d) enter any property including Government owned, with theright to investigate and make any measurements concerning theland or the water located on the surface or underground;(e) inspect the well, which has been or is being sunk with orwithout the permission of the Watershed Water ResourcesCommittee and the soils and other materials excavated therefromand to take specimens of such soils or other materials or of waterextracted from such wells for testing the quality andcontamination;Regulationof extractionof waterfrom wells inwaterscarcityarea.Payment ofCompensation.Powers ofDistrictAuthority toenquire orimplementor enforcethe decisionsofWatershedWaterResourcesCommittee.510152025303540
  15. 15. 14(f) by order, in writing, require the person sinking a well tokeep and preserve, in the prescribed manner, the specimens ofsoils or any material excavated therefrom for such period notexceeding three months from the date of completion orabandonment of the work as may be specified by the DistrictAuthority and such person shall comply with such requisition;(g) inspect and take copies of the relevant records or documentsand conduct inquiry for obtaining any information required forcarrying out the purposes of this Act;(h) order the user of groundwater to install such measuringdevice on any groundwater abstraction structures and monitorthe quantity pumped;(i) seize any equipment or device utilised for illegal sinkingand demolish the work executed fully or partly;(j) direct any user of groundwater who does not comply withthe provisions of this Act and rules framed thereunder to closedown the extraction of groundwater, temporary disconnection ofits power supply and seal any hydraulic work found to be illegalaccording to the provisions of this Act and the rules framedthereunder;(k) enter and search with such assistance, if any, as it considersnecessary, any place in which it has reason to believe that theoffence under this Act has been or is being committed; and withinthirty days thereof, issue the order, in writing to the person whohas committed or is committing the offence, not to extract or usethe groundwater for a specified period;(l) break open the door of any premises where sinking,extraction and use and pollution of groundwater may be goingon, which is detrimental to sustainable groundwater development,after informing the person, in case the person refuse to open thedoor on being called to do so;(m) do all such other things as may be necessary for theprosecution of such inquiry and examination and implementationas per the provisions of this Act.(2) The provisions of the Code of Criminal Procedure, 1973 shallapply to any search or seizure under this section as they apply toany search or seizure made under the authority of a warrant issuedunder section 93 of the said Code.(3) Where the District Authority seizes any mechanical equipmentor device under clause (i) of sub-section (1), it shall, as soon as maybe, report the same to the Magistrate and take his orders as to thecustody thereof.2 of1974.510152025303540
  16. 16. 15CHAPTER VWATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONSAND DUTIES.29. (1) The State Authority shall constitute a Watershed WaterResources Committee for the notified area comprising of area ofmore than eleven villages in the manner as may be prescribed toperform the functions and duties assigned to it under this Act.(2) The Watershed Water Resources Committee shall consist ofthe following members, namely :—(a) Chairman of the concerned ex--officioPanchayat Samiti Chairperson;(b) one representative eachfrom every Panchayat and urbanlocal bodies within the notifiedarea who shall be member ofVillage Water and SanitationCommittee or Watershed Deve-lopment Technical Committeeor any other person havingknowledge and experience inwater conservation related fieldor in land use planning andwater conservation members;(c) one representative each fromthe Water Supply and SanitationDepartment, the Water ResourcesDepartment, the Agriculture, AnimalHusbandry, Dairy Developmentand Fisheries Department,the Ground Water Surveys andDevelopment Agency members;(d) one representative each fromevery Water Users Associationin the notified area members;(e) elected members of the concerned ex--officioPanchayat Samiti and Zilla Parishad members;(f) one representative of Non-Government Organisationor Volunteer Organisation workingon water conservation, within member-the notified area invitee;Establish-ment,constitutionandincorpora-tion of theWatershedWaterResourcesCommittee.510152025303540
  17. 17. 16(g) representative of concernedWater Users Association, if a partof the command area of an IrrigationProject is included in the notified area member;(h) Block Development Officer ex--officioMember-Secretary.(3) Atleast one third of the members of the Watershed WaterResources Committee shall be women.(4) The term of office of members of the Watershed Water ResourcesCommittee shall be such as may be prescribed.(5) Every member shall be paid (not being a member representingthe State Government) traveling and daily allowances for attendingmeetings of the Watershed Water Resources Committee at suchrates as may be prescribed.(6) The Watershed Water Resources Committee shall meet oncein each quarter of the year and as and when required at the time ofemergency. The procedure to be followed at the meetings of theWatershed Water Resources Committee and all matterssupplementary or ancillary thereto shall be such as may be prescribed.Tahsildar shall be a convener of the metting of the WatershedWater Resources Committee :Provided that, if there are less than eleven villages within thenotified area, then the State Authority shall entrust the functions ofsuch Watershed Water Resources Committee to the concernedPanchayat or urban local body.30. (1) The Watershed Water Resources Committee shall, withthe technical support of the Groundwater Surveys and DevelopmentAgency, prepare a watershed or aquifer based groundwater useplan and the District Authority shall notify it, in the manner as maybe prescribed.(2) Based on the rainfall and groundwater level of the hydrologicalyear, the Watershed Water Resources Committee shall update thewatershed or aquifer based groundwater use plan every year andshall monitor the withdrawal of the groundwater accordingly andalso safeguard the sustainability of Public Drinking Water Sources.The Watershed Water Resources Committee shall recommend to theDistrict Authority, the steps to be taken for regulation of groundwater.It shall recommend measures to the State Government, Panchayat,Panchayat Samiti, or urban local body to augment the groundwaterresources in the area.(3) The Watershed Water Resources Committee shall also pursue,with the State Government, the implementation of the IntegratedWatershed Development and Management Plan.Ground-watermanage-ment forexistingusers ofground-water.510152025303540
  18. 18. 17(4) The Watershed Water Resources Committee shall also suggestand persuade the existing users of groundwater and owners ofwells, the implementation of individual measures for artificialrecharge of groundwater, in the manner as may be prescribed.(5) The Watershed Water Resources Committee shall specify thecropping pattern for the area based on the water budget and a planfor the optimum withdrawal of groundwater, from the existingwells, for different usages like domestic, agriculture, industry or anyother use, based on the Groundwater Use Plan, in the manner asmay be prescribed.31. (1) The Watershed Water Resources Committee shallrecommend to the District Authority to control the use of chemicalfertilizers or pesticides, to regulate the disposal, burial or injection ofwaste, industrial effluent and to protect the quality of groundwater.(2) On such recommendation the District Authority, afterascertaining the facts, shall take necessary measures with the helpof the concerned Government Authorities, Panchayat, PanchayatSamiti or urban local body.32. (1) No person shall sink a well in the notified area withoutthe prior permission of the Watershed Water Resources Committee.Such person shall apply to the Watershed Water ResourcesCommittee in the manner and in such form, as may be prescribed.(2) On receipt of an application under sub-section (1), theWatershed Water Resources Committee shall refer it to theGroundwater Surveys and Development Agency forrecommendations and based on the recommendation of theGroundwater Surveys and Development Agency, decide to grant orrefuse the permission:Provided that, no permission shall be refused unless an opportunityof being heard is given to the applicant.(3) The decision regarding the grant or refusal of the permissionshall be intimated by the Watershed Water Resources Committee tothe applicant within a period of sixty days from the receipt of theapplication.(4) The permission for sinking of well shall be subject to conditionof construction of artificial recharge structure of appropriate sizeby the applicant within the specified period, as may be prescribed.33. The Watershed Water Resources Committee shall promotethe community participation, as per the guidelines of the DistrictAuthority, with the objective of equitable and sustainabledevelopment, protection, conservation, regulation and managementof groundwater resources in the notified area, in the manner as maybe prescribed. The Watershed Water Resources Committee shallProhibitorlimit the useof chemicalfertilizers orpesticides,etc.Construc-tion of newwell in thenotifiedarea.Promotion ofcommunityparticipa-tion.Hb 3219—3510152025303540
  19. 19. 18promote the concept of community ownership of the groundwater,the concept of protection of the rights of the small and marginalfarmers, and prevention of over-drawal of groundwater.34. The decisions of the Watershed Water Resources Committeewhich are regulatory in nature shall be executed by the DistrictAuthority. The Watershed Water Resources Committee may get itsplans implemented in co-ordination with the Panchayat, PanchayatSamiti or urban local bodies or the authorities, in the manner asmay be prescribed. For the purpose of implementation of plans ofthe Watershed Water Resources Committee or enforcement of itsdecisions, the Panchayat, Panchayat Samiti or urban local bodiesor the authorities shall have the powers of the District Authorityunder clauses (a) to (h) of sub-section (1) of section 28.35. The Watershed Water Resources Committee shall, inconsultation with the expert bodies and the Groundwater Surveysand Development Agency, recommend the District Authority toregulate or prohibit sand mining in the notified area, in the manneras may be prescribed.36. (1) The funds required for implementing such measuresshall be made available to the Watershed Water Resources Committeeby the State Government.(2) The Watershed Water Resources Committee may chargeapplication fee and collect service charges from users of groundwaterat the rates specified by the State Authority, and shall utilise it inthe manner as may be prescribed.37. The Watershed Water Resources Committee shall publishits report in the manner as may be prescribed and submit the reportto Gram Sabha and to such other bodies, as may be prescribed.Implementationofdecisionsand plans ofWatershedWaterResourcesCommittee.Regulationorprohibitionof sandmining.Financialresources forWatershedWaterResourcesCommittee.Transpa-rancy inworking ofWatershedWaterResourcesCommittee.510152025
  20. 20. 19CHAPTER VIACCOUNTS AND AUDIT38. The State Government may, after appropriation duly madeby the State Legislature, by law in this behalf, make such grantsand advances to the Groundwater Surveys and Development Agency,which shall make it available to Watershed Water ResourcesCommittee, as it make deem necessary for the performance of itsfunctions and discharge of its duties under this Act, and all grantsand advances made shall be on such terms and conditions as theState Government may determine.39. The Groundwater Surveys and Development Agency shallprepare in such form and at such time in each financial year as maybe prescribed, budget for the Watershed Water Resources Committeefor the next financial year, showing the estimated receipts andexpenditure of the Watershed Water Resources Committee andforward the same to the Government.40. (1) The Groundwater Surveys and Development Agencyshall maintain proper accounts and other reievant records andprepare an annual statement of accounts in such form as may beprescribed by the Government in consultation with the AccountantGeneral.(2) The accounts of the Watershed Water Resources Committeeshall be audited by the Accountant General at such intervals asmay be specified by him or at the time of audit of GroundwaterSurveys and Development Agency and an expenditure incurred inconnection with such audit shall e payable by the Watershed WaterResources Committee to the Accountant General.CHAPTER VIIGROUNDWATER SURVEYS AND DEVELOPMENT AGENCY, ITS POWERS,FUNCTIONS AND DUTIES.41. The Groundwater Surveys and Development Agency shallidentify, delineate and declare the basic watershed or aquifer inthe State, alongwith the boundaries thereof, for the purposes of thisAct.42. The Groundwater Surveys and Development Agency shallcarryout, on priority, the delineation of Area of Influence of thenotified Public Drinking Water Sources.Identification,delineationanddeclaration ofbasicwatershed oraquifer.Delineationof area ofinfluence.Hb 3219—3a5101520253035Grants andAdvances toWatershedWaterResourcesCommittee.Budget ofWateshedWaterResourcesCommittee.Accounts ofWatershedWaterResourcesCommittee.
  21. 21. 2043. The Groundwater Surveys and Development Agency shallassist the Watershed Water Resources Committee and Panchayatin preparation of watershed or aquifer based groundwater use planin the manner as may be prescribed.44. The Groundwater Surveys and Development Agency shallassist the District Watershed Management Committee in thepreparation of the Integrated Watershed Development andManagement Plan for the artificial recharge of groundwater.45. (1) The Groundwater Surveys and Development Agencyshall carry out the necessary hydro-geological studies and supportingwork, as entrusted by the State Authority, the District Authority,the Watershed Water Resources Committee, Panchayat, PanchayatSamiti or urban local bodies in the manner as may be prescribed.(2) The Groundwater Surveys and Development Agency shallcarry out any other functions and duties entrusted to it under theprovisions of this Act or rules made thereunder.46. The Groundwater Surveys and Development Agency shallrender technical advise to the Panchayat, Panchayat Samiti andurban local bodies in the non-notified areas to monitor and encouragethe individual measures of artificial groundwater recharge forexisting well to protect the Safe Watershed Status of the area andto permit any person or a user of groundwater to drill borewell ortubewell upto sixty metres in non-notified area:Provided that, for this purpose the Panchayat, Panchayat Samitiand urban local bodies shall prepare and maintain the water accountand water budget of the area, plan and execute watershed oraquifer based groundwater recharge and groundwater use plan, inthe manner as may be prescribed and while deciding applicationsfor permission to drill such borewells and tubewells, it shall takeinto consideration the groundwater use plan and technical adviseof the Groundwater Surveys and Development Agency:Provided further that, any permission for sinking a well in non-notified area shall be subject to the condition of construction ofartificial recharge structure of appropriate size within the specifiedperiod, as may be prescribed.5101520253035Watershedor aquiferbasedground-water useplan.Assistance inpreparation ofIntegratedWatershedDevelopmentandManagementPlan.Technicalsurvey andsupportingwork.GroundwaterSurveys andDevelopmentAgency toadvisePanchayat,PanchayatSamiti andurban localbodies in thenon-notifiedareas.
  22. 22. 21CHAPTER VIIIMISCELLANEOUS.47. Every order under this Act shall be served, in the manner asmay be prescribed.48. (1) The Government may issue to the State Authority, suchgeneral or special directions in writing in the matters of policyinvolving public interest and the State Authority shall be bound tofollow and act upon such directions.(2) If any question arises as to whether any such direction relatesto a matter of policy involving public interest, the decision of theGovernment thereon shall be final.49. Every member of the State Authority, the District Authorityand every officer or employee of such Authorities and the WatershedWater Resources Committee acting under or in pursuance of theprovisions of this Act or rules made thereunder ; or order ornotification issued thereunder shall be deemed to be public servantswithin the meaning of section 21 of the Indian Penal Code.50. No suit, prosecution or other legal proceedings shall lieagainst the Government or the State Authority or the DistrictAuthority or the Watershed Water Resources Committee orPanchayat, Panchayat Samiti or urban local bodies or theGroundwater Surveys and Development Agency or any member,officer or employee thereof for anything done or purported to havebeen done in good faith in pursuance of the provisions of this Act orrules or orders made thereunder.51. Subject to the provisions of section 27, no person shall beentitled to claim any damages or compensation from the Governmentfor any loss sustained by him by virtue of any action taken underthis Act.52. Whoever contravenes or fails to comply with any of theprovisions of this Act or any rules made thereunder or obstructs theState Authority, the District Authority, the Watershed WaterResources Committee, Panchayat, Panchayat Samiti and urbanlocal body, the Groundwater Surveys and Development Agency andany person authorised to exercise any of the powers under this Act,shall on conviction be punished,—(i) for the first offence, with fine which may extend to rupeesten thousand; andService oforder.Directionsby Govern-ment.Membersandemployees ofStateAuthorityandWatershedWaterResourcesCommitteeto be publicservants.Protection ofaction takenin goodfaith.Bar to claimcompensation.Offencesandpenalties.45 of1860.5101520253035
  23. 23. 22(ii) for the subsequent offence, with imprisonment for a termwhich may extend to six months, or with fine which may extendto rupees twenty-five thousand or with both.53. (1) Where an offence under this Act has been committed bya company, every person who at the time, when the offence wascommitted, was in charge of, and was responsible to the company,for the conduct of the business of the company as well as thecompany, shall be deemed to be guilty of the offence and shall beliable to be proceeded against and punished accordingly :Provided that, nothing contained in this sub-section shall renderany such person liable to any punishment under this Act, if heproves that offence was committed without his knowledge or that hehad exercised all due diligence to prevent the commission of suchoffence.(2) Notwithstanding anything contained in sub-section (1), wherean offence under this Act has been committed by a company and it isproved that the offence has been committed with the consent orconnivance of, or is attributable to any neglect on the part of, anydirector, manager, secretary or other officer of the company, suchdirector, manager, secretary or other officer shall also be deemed tobe guilty of that offence and shall be liable to be proceeded againstand 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 incorporatedor not ;(ii) "Director", in relation to a firm, means a partner in thefirm, and in relation to any association of persons or body ofindividuals, means any member controlling the affairs thereof.54. (1) Any contravention under this Act may, either before orafter institution of proceedings for any offence punishable underthis Act, may be compounded by the District Authority, on acceptingfrom any person charged with such offence by way of composition ofthe offences, such sum not more than the amount of maximum finespecified in section 52, to which he is liable on conviction for suchoffence.(2) On compounding of offence by way of composition under sub-section (1), no further proceeding shall be taken or continued againstthe person concerned in respect of such offence and if any proceedingsin respect of that offence have already been instituted against himin any court, the same shall abate.510152025303540Offences bycompanies.Compoundingof offences.
  24. 24. 2355. (1) No prosecution for an offence under this Act shall beinstituted except by or with the written consent of the DistrictAuthority, by general or special order.(2) No court inferior to that of a Metropolitan Magistrate or aJudicial Magistrate of the First Class shall try any offence underthis Act.(3) Notwithstanding anything contained in the Code of CriminalProcedure, 1973, offences punishable under this Act and rulesmade thereunder shall be cognizable.56. (1) Any person aggrieved by a decision, order made, actiontaken by the Watershed Water Resources Committee, Panchayat,Panchayat Samiti or urban local bodies under this Act may, withina period of sixty days from the date on which the action is taken orthe decision or order is communicated to him and on payment ofsuch fees as may be prescribed, prefer such an appeal to the DistrictAuthority :Provided that, the District Authority may entertain an appealafter the expiry of the said period of sixty days, if it is satisfied thatthe applicant was prevented by sufficient cause from filing theappeal within time.(2) If the aggrieved person is not satisfied with the decision of theDistrict Authority under sub-section (1), within a period of sixtydays from the date on which the decision is communicated to himand on payment of such fees as may be prescribed, prefer an appealagainst the order of the District Authority to the State Authorityand the decision of the State Authority shall be final.(3) On receipt of an appeal under sub-section (1) or (2), theDistrict Authority or the State Authority shall, as the case may be,after giving the applicant an opportunity of being heard, dispose ofthe appeal as expeditiously as possible.57. (1) The State Government may, by notification in the OfficialGazette, and subject to the condition of previous publication, makerules to carry out the purposes of this Act.(2) Every rule made under this Act shall be laid, as soon as maybe, 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 becomprised in one session or in two or more successive sessions, andif, before the expiry of the session in which it is so laid or the sessionimmediately following, both Houses agree in making anymodification in rule or both Houses agree that the rule should notbe made, and notify their decision to that effect in the OfficialGazette, the rule shall, from the date of publication of such decisionin the Official Gazette, have effect only in such modified form or beof no effect, as the case may be; so, however, that any suchCognisanceand trial ofoffences.Appeals.PowerofGovernmentto makeRules.2 of1974.510152025303540
  25. 25. 24modification or annulment shall be without prejudice to the validityof anything previously done or omitted to be done under that rule.58. (1) If any difficulty arises in giving effect to the provisions ofthis Act, the Government may, as occasion arises, by an order,published in the Official Gazette, do anything, not inconsistent withthe provisions of this Act, which appears to it to be necessary orexpedient for the purposes of removing the difficulty :Provided that, no such order shall be made after the expiry of aperiod of two years from the date of commencement of this Act.(2) Every order made under sub-section (1) shall be laid, as soonas may be, after it is made, before each House of the State Legislature.59. (1) The Maharashtra Groundwater (Regulation for DrinkingWater Purposes) Act, 1993 is hereby repealed.(2) Notwithstanding such repeal, anything done or any actiontaken under or in pursuance of the said Act before such repeal, shallcontinue to have effect in relation thereto and section 7 of theBombay General Clauses Act, 1904, shall apply with respect to therepeal of the said Act.Bom.I of1904.Mah.XXVIIIof1993.Powertoremovedifficulties.Repeal andsaving.51015
  26. 26. 25STATEMENT OF OBJECTS AND REASONSThe Maharashtra Groundwater (Regulation for Drinking WaterPurposes) Act, 1993 (Mah. XXVIII of 1993), has been enacted toregulate the exploitation of groundwater for the protection ofpublic drinking water sources and matters connected therewith.However, the said Act does not provide for community participationframework and the effective management of groundwater resources.To overcome the deficiencies and limitations of the said existingGroundwater Act of 1993 and to strike a balance between theregulatory and developmental measures with a view to protectdrinking water sources on one hand and to promote optimumutilisation of groundwater based irrigation potential in a sustainablemanner on the other, the Government has decided to repeal theMaharashtra Groundwater (Regulation for Drinking WaterPurposes) Act, 1993 and to enact a new law,—(i) to facilitate and ensure the sustainable and adequatesupply of groundwater of the precribed quality for variouscategories of users;(ii) to protect drinking water sources;(iii) to conserve the groundwater sources and to ensure thebalance between the groundwater recharge and its exploitation;(iv) to make regulatory mechanism more effective and tomanage groundwater in over-exploited and critical watershedareas;(v) to provide for an institutional framework to ensurecommunity participation both at planning as well asimplementation level ; and(vi) to establish forum to avoid over lapping and maximizethe benefits of Government schemes in rural areas and also tofocus on groundwater issues in the urban areas, such asrainwater harvesting including rooftop harvesting to improvethe groundwater as a support to the existing water supplysystem in the State.2. The Bill seeks to achieve the above-mentioned objectives.Nagpur, LAXMAN DHOBALE,Dated the 10th December 2009. Minister for Water Supplyand Sanitation.Hb 3219—4
  27. 27. 26
  28. 28. 27MEMORANDUM REGARDING DELEGATED LEGISLATIONThe Bill involves the following proposals for delegation oflegislative power, namely :—Clause 1(3).— Under this clause, power is taken to the StateGovernment to bring the Act into force on such date as the StateGovernment may, by notification in the Official Gazette, appoint.Clause 2(xx).— Under this clause, power is taken to the StateGovernment, to specify, by notification in the Official Gazette,such other Authority which may provide water to the public fromany public drinking water source.Clause 3(1).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theState Groundwater Authority shall exercise the powers conferredon, and discharge functions and duties assigned to, it under theAct.Clause 3(2).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the terms and conditions onwhich the Director, the Groundwater Surveys and DevelopmentAgency and one expert from the field of groundwater and onewomen representing the users of groundwater shall be invited forassisting the State Authority in taking policy decisions.Clause 4(1).— Under this clause, power is taken to the StateAuthority to declare, by notification in the Official Gazette, anotified area, for purposes of the Act.Clause 5.— Under this clause, power is taken to the StateAuthority to de-notify, by notification in the Official Gazette, thearea in which, in the opinion of the State Authority, the availabilityof groundwater has improved.Clause 6(3).— Under this clause, power is taken to the StateGovernment to prescribe by rules, the necessary measures withshall be taken by the State Authority for the protection andpreservation of groundwater quality of all the existing drinkingwater sources in the State.Clause 6(5).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the measures with shall betaken by the State Authority to restore the quality of water tosuch standards as may be prescribed by rule at the cost of thepolluter.Clause 7.— Under this clause, power is taken to the StateGovernment to prescribe by rules, the manner in which the StateAuthority shall ensure the registration of all the owners of wellsboth in notified and non-notified areas of the State.Hb 3219—4a
  29. 29. 28Clause 8(1).— Under the proviso to this clause, power is takento the State Government to prescribe, by rules, the manner inwhich specific permission to any person or user of groundwater todrill any deep well within the notified or non-notified area, fordrinking water purposes may be granted by the State Authority.Clause 8(3).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the cess to be levied by theconcerned Authority, on the use of existing deep-wells in the non-notified areas.Clause 8(4).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theDistrict Authority shall ensure the implementation of levy of cessfrom the users of groundwater.Clause 8(5).— Under this clause, power is taken to the StateGovernment, to prescribe, by rules, the manner in which the priorpermission of the District Authority shall be obtained by the usersof the groundwater for sale of groundwater.Clause 9(3).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theDistrict Watershed Management Committee shall monitor theimplementation of the Integrated Watershed Development andManagement Plan for the artificial recharge to groundwaterwithin the notified areas on priority.Clause 9(6).— Under this clause, power is taken to the StateAuthority to prescribe, by rules, the manner in which the StateGovernment shall issue the guidelines to dis-incentivise thegroundwater users for taking water intensive crops.Clause 9(7).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which the urbanlocal bodies may recover the cost incurred alongwith the penaltyfrom the occupants for construction of rain water harvestingstructure.Clause 9(8).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which thenecessary conditions may be imposed for providing roof top rainwater harvesting structure by the urban local bodies or any otherlocal authority.Clause 9(10).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theincentives through State Government shall be given to theWatershed Water Resources Committee, village, local communityor Non-Government Organisations.
  30. 30. 29Clause 10(1).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which the StateGovernment shall give directives to the concerned Governmentauthorities to prepare a prospective Crop Plan based on thegroundwater use plan in the notified area, in consultation withthe District Authority, the Watershed Water Resources Committeeand Panchayat.Clause 10(3).— Under the proviso to this clause, power is takento the State Government to prescribe, by rules, the manner inwhich groundwater user in such area may approach the WatershedWater Resources Committee for permitting cultivation of suchwater intensive crops.Clause 12.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the terms and conditions andthe manner in which the State Authority shall monitor compulsoryregistration of drilling rig owners and operators in the State, inconsultation with the Groundwater Surveys and DevelopmentAgency.Clause 14.— Under this clause, power is taken to the StateAuthority, to direct, by general or special order in writing, that allor any of the powers or duties exercised or discharged by it underthis Act shall be exercised or discharged by any employee of theState Authority, the District Authority, the Watershed WaterManagement Committee or the Groundwater Surveys andDevelopment Agency.Clause 16(1).— Under this clause, power is taken to the StateGovernment to assign, by notification in the Official Gazette, theresponsibility of the State Watershed Management Council to theState Water Council constituted under section 16 of theMaharashtra Water Resources Regulatory Authority Act, 2005.Clause 17.— Under this clause, power is taken to the StateGovernment to designate, by notification in the Official Gazette,any officer not below the rank of Tahsildar, to be the DistrictAuthority for such area as may be specified in the notification forthe purposes of this Act.Clause 18(1).— Under this clause, power is taken to the StateGovernment to constitute, by notification in the Official Gazette, aDistrict Committee to be known as the District WatershedManagement Committee.Clause 18(2).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, such other members of theDistrict Watershed Management Committee to be nominated bythe State Government.Hb 3219—5
  31. 31. 30Clause 18(3).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which thedecisions of the District Watershed Management Committee shallbe implemented by the District Authority.Clause 19.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theIntegrated Watershed Development and Management Plan shallbe prepared by the District Watershed Management Committee,for artificial recharge of the groundwater.Clause 20.— Under this clause, power is taken to the DistrictAuthority to notify, by order, the Public Drinking Water Source.Clause 21.— Under this clause, power is taken to the DistrictAuthority to define and notify the area of influence around, thePublic Drinking Water Source.Clause 22.— Under this clause, power is taken,—(i) to the District Authority to prohibit, by order, the extractionof water from the existing well for a reasonable period; and(ii) to the State Government to prescribe, by rules, themanner in which the District Authority shall prohibit theextraction of water from the existing well for a reasonableperiod.Clause 23.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theDistrict Authority shall regulate extraction of groundwater invillages, where drinking water sources are getting contaminatedby any means.Clause 25.— Under this clause, power is taken to the DistrictAuthority, to declare, by order, the area to be a water scarcity areafor a specified period not exceeding one hydrological year at atime.Clause 26.— Under this clause, power is taken ,—(i) to the District Authority to regulate, by order, the extractionof water from any well on declaration of water scarcity areaunder section 25, for a duration of scarcity period;(ii) to the State Government to prescribe, by rules, themanner in which the District Authority may regulate theextraction of water from any well within the area of influenceor within a distance of one kilometer of the Public DrinkingWater Source, whichever is more.
  32. 32. 31Clause 27.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theDistrict Authority, shall make an order of payment of compensation.Clause 28(1)(f).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theperson sinking a well shall keep and preserve the specimens ofsoils or any material excavated therefrom.Clause 29(1).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which the StateAuthority shall constitute the Watershed Water ResourcesCommittee for the notified area to perform the functions andduties assigned to it under the Act.Clause 29(4).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the term of office of membersof the Watershed Water Resources Committee.Clause 29(5).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the rates of travelling and dailyallowance which shall be paid to every member (not being amember representing the State Government) for attending meetingsof the Watershed Water Resources Committee.Clause 29(6).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the procedure to be followed atthe meetings of the Watershed Water Resources Committee andmatters supplementary or ancillary thereto.Clause 30(1).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theWatershed Water Resources Committee shall prepare a watershedor aquifer based groundwater use plan and the District Authorityshall notify it.Clause 30(4).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theWatershed Water Resources Committee shall suggest and persuadethe existing users of groundwater and owners of wells for theimplementation of the individual measures for artificial dischargeof groundwater.Clause 30(5).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theWatershed Water Resources Committee shall specify the croppingpattern for the area based on the water budget and a plan foroptimal withdrawal of groundwater from the existing wells.(G.C.P.) Hb 3219—6 (500—3-2010)
  33. 33. 32Clause 32(1).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner and the form inwhich the application to the Watershed Water Resources Committeeshall be made by a person to sink a well in the notified area.Clause 32(4).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the period within which theartificial recharge structure of appropriate size shall be constructedby the applicant to whom permission for sinking of well may begranted.Clause 33.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theWatershed Water Resources Committee shall promote thecommunity participation, as per the guidelines of the Authority,for the equitable and sustainable development, protection,conservation, regulation and management of groundwater rusourcesin the notified area.Clause 34.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theWatershed Water Resources Committee may get its plansimplemented, in co-ordination with the Panchayat, PanchayatSamiti, urban local bodies or the authorities.Clause 35.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theWatershed Water Resources Committee shall recommend the DistrictAuthority, to regulate or prohibit the sand mining, in the notifiedarea.Clause 36(2).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theWatershed Water Resources Committee shall utilise the applicationfee and the service charges as may be charged and collected fromthe users of groundwater at the rates specified by the StateAuthority.Clause 37.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theWatershed Water Resources Committee shall publish its reportand shall submit the report to Gram Sabha and to such otherbodies.Clause 39.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the form in which and the timeat which the budget for the Watershed Water Resources Committeefor the next financial year shall be prepared.Clause 40.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the form in which the annualstatement of accounts shall be prepared.
  34. 34. 33Clause 43.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theGroundwater Surveys and Development Agency shall assist theWatershed Water Resources Committee and Panchayat inpreparation of watershed or aquifer based groundwater use plan.Clause 45(1).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which theGroundwater Surveys and Development Agency shall carry outthe necessary hydro-geological studies and supporting work, asentrusted by the State a Authority, the District Authority, theWatershed Water Resources, Committee Panchayat, PanchayatSamiti or urban local bodies.Clause 46.— (i) Under the first proviso to this clause, power istaken to the State Government to prescribe, by rules, the mannerin which the Panchayat, Panchayat Samiti and urban local bodiesshall prepare and maintain the water account and water budgetof the area, plan and execute watershed or aquifer basedgroundwater recharge and groundwater use plan ;(ii) under the second proviso to this clause, power is taken to theState Government to prescribe, by rules, the specified period inwhich the artificial recharge structure of appropriate size shall beconstructed by the applicant to whom parmission for sinking a wellin the non-notified area may be granted.Clause 47.— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the manner in which everyorder under this Act shall be served.Clause 56(1).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the fees to be paid for preferringan appeal to the District Authority.Clause 56(2).— Under this clause, power is taken to the StateGovernment to prescribe, by rules, the fees to be paid for preferringan appeal against the order of the District Authority.Clause 57(1).— Under this clause, power is taken to the StateGovernment to make rules, by notification in the Official Gazette,subject to the condition of previous publication, to carry out thepurposes of the Act.Clause 58.— Under this clause, power is taken to the StateGovernment to issue an order, published in the Official Gazette,for removal of difficulty which may arise in giving effect to theprovisions of the Act.2. The above-mentioned proposals for delegation of legislativepower are of a normal character.Hb 3219—6a
  35. 35. 3435GOVERNOR’S RECOMMENDATION UNDER ARTICLE 207OF THE CONSTITUTION OF INDIA(Copy of Order, Government of Maharashtra, Law andJudiciary Department)In excercise of the powers conferred upon him by clause (3) ofArticle 207 of the Constitution of India, the Governor ofMaharashtra is pleased to recommend to the MaharashtraLegislative Assembly, the consideration of the MaharashtraGroundwater (Development and Management) Bill, 2009.
  36. 36. 35MAHARASHTRA LEGISLATURESECRETARIAT[ L. A. BILL No. XLII OF 2009.][A Bill to facilitate and ensuresustainable and adequate supply ofgroundwater of prescribed quality, forvarious category of users, throughsupply and demand managementmeasures, protecting public drinkingwater sources and to establish the StateGroundwater Authority and DistrictLevel Authorities to manage and toregulate, with community participation,the exploitation of groundwater withinthe State of Maharashtra; and mattersconnected therewith or incidentalthereto.][ SHRI LAXMAN DHOBALE,Minister for Water Supplyand Sanitation.]ANANT KALSE,Principal Secretary,Maharashtra Legislative Assembly.GOVERNMENT CENTRAL PRESS, MUMBAI

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