CHAPTER
I.
Preliminary.
1. Short title, extent and
commencement.
2. Definitions.
CHAPTER
II.
Groundwater Development
and Management.
3. Groundwater Development
and management
4. Conjunctive use of surface
water and groundwater.
5. Modification of groundwater
regime due to mining activities.
6. Water Quality.
CHAPTER
III.
TamilNadu Groundwater Authority
and its functions.
7. Establishment of TamilNadu
Groundwater Authority and its composition.
8. Appointment of employees.
9. Power to notify areas
for development, control and regulation of groundwater.
10. Grant of certificate
of registration.
11. Prohibition of sinking
wells in notified areas, without permit.
12. Registration of user
of new wells.
13. Grant of permit for
transportation of groundwater from notified area.
14. Power to alter, amend
or cancel terms of certificate of registration or permit.
15. Electrical energy not
to be supplied for energising wells sunk in contravention of the provisions
of this Act.
16. Publication of notification.
17. Powers of Authority
18. Service of Orders, etc.
19. Delegation of powers
and duties.
20. Appeal.
CHAPTER
IV.
Offences and penalties.
21. Offences and penalties.
22. Offences by companies.
23. Offences under this
Act to be cognizable.
24. Protection of action
taken in good faith.
25. Bar of jurisdiction
of Civil Courts.
CHAPTER
V.
Miscellaneous.
26. Officers deemed to be
public servants.
27. Act to over ride other
laws.
28. Power to remove difficulties.
29. Power of Government
to give directions.
30. Power to make rules.
31. Repeal and saving.
A Bill to protect
groundwater resources to provide safeguards against hazards of its over-exploitation
and to ensure its planned development and proper management in the state
of Tamil Nadu and for matters connected therewith or incidental thereto.
WHEREAS it is necessary
in the public interest to protect groundwater resources, provide safeguards
against hazards of over exploitation and to ensure planned development
and proper management of this vital and limited resource;
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-first Year of the Republic of India as follows:-
STATEMENT OF OBJECTS AND REASONS
Water resources in this State are limited and the rate of utilisation is already high, but the demand for water in this State is increasing manifold. The remedy lies in economising the use of water and regulated development of groundwater. This State has utilised the surface flow almost to the full extent. It is in dire need of conserving groundwater for conjunctive use and supplementation.
2. The groundwater extraction has already attained varying degrees of intensity. A detailed groundwater survey conducted by the Government and other agencies has revealed that in general, there is scope for further development of groundwater. However, in particular locations, the rate of drawal has far exceeded the capacity to recoup and recharge. This is due to a large number of wells and depth and quantity of withdrawal by mechanical and electrical pumpsets and the limitations of aquifer recharge due to adverse climatic conditions. As a consequence, in coastal locations, sea water intrusion is posing a grave threat.
3. The Government have, therefore, decided to undertake necessary legislation both for development of groundwater resources without any counter productive effects of over exploitation and for regulating excessive groundwater utilisation noticed in some areas in the State.
4. The Bill seeks to give
effect to the above decision.
DURAI MURUGAN,
Minister for Public Works and Forests
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clauses 1(3), 6, 7(1) and (4), 8(2), 9, 11, 12(1), 13(3), 16, 17(1)(f), 28, 29 and 30 of the bill empower the Government to issue notifications or orders or to make rules, as the case may be, for the purpose specified therein.
2. The power delegated are normal and not of an exceptional character.
FINANCIAL MEMORANDUM
Clause 7 of the bill provides for the establishment of the Tamilnadu Groundwater Authority and its composition. Clause 8 provides for the appointment of such number of Technical and other employees by the Government as they may consider necessary, for the purpose of enabling the said authority to efficiently perform its functions and to exercise its powers under the proposed act. Hence the bill when enacted would involve expenditure from the consolidated fund of the state.
2. It is not possible at
this stage to estimate with any degree of accuracy the expenditure likely
to be incurred from the consolidated fund of the state on account of the
proposed act.