West Bengal Ground Water Resources (Management, Control and Regulation) Rules, 2006

GOVERNMENT OF WEST BENGAL
WATER INVESTIGATION & DEVELOPMENT DEPARTMENT

NOTIFICATION

No. 2109-WI.BP.- the 31st July, 2006

WHEREAS the draft of the West Bengal Ground Water Resources (Management, Control and Regulation) Rules, 2006, was published as required under sub-section (1) of section 20 of the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005 (West Ben. Act XVIII of 2005) vide this department notification No. 1172 – WI.BP, dated the 26th June, 2006, in the Kolkata Gazette, Extraordinary, PART I, dated the 26th June, 2006, for inviting objection or suggestion in writing from all the persons likely to be affected thereby, within a period of fifteen days from the date of its publication;

AND WHEREAS no objection or suggestion has been received by the State Government within the said period;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1), and sub-section (2), of section 20 of the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005 (West Ben. Act XVIII of 2005), the Governor is pleased hereby to make the following rules, namely:-

Rules

1. Short title and commencement.

(1) These rules may be called the West Bengal Ground Water Resources (Management, Control and Regulation) Rules, 2006.

(2) They shall come into force on the 1st day of August, 2006.

2. Definitions.

(1) In these rules, unless the context otherwise requires,-

(a) “Act” means the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005 (West Ben. Act XVIII of 2005);

(b) “Challan” means challan in T.R. Form No. 7 appended to the West Bengal Treasury Rules, 2005;

(c) “Form” means Form appended to these rules;

(d) “Section” means section of the Act.

(2) Words and expressions used but not defined in these rules, shall have the same meanings as respectively assigned to them in the Act.

3. Term of office of members of State Level Authority.

(1) The Chairman, the Member-Secretary and the members specified in clauses (xi) and (xii) of sub-section (2) of section 3, shall be the permanent members of the State Level Authority.

(2) The term of office of members, other than the permanent members referred to in sub-rule (1), of the State Level Authority, shall be for three years.

4. Term of office of members of District Level Authority.

(1) The Chairman, the Member-Secretary and the members specified in clauses (ii), (iii), (vii), (viii) and (ix) of sub-section (3) of section 4, shall be permanent members of the District Level Authority.

(2) The term of office of members, other than the permanent members referred to in sub-rule (1), of the District Level Authority, shall be for three years.

5. Term of office of the members of Corporation Level Authority.

(1) The Chairman, the Member-Secretary and the member specified in clause (ii) of sub-section (3) of section 5, shall be the permanent members of the Corporation Level Authority.

(2) The term of office of members, other than the permanent members referred to in sub-rule (1), of the Corporation Level Authority, shall be for three years.

6. Conduct of meeting of State Level Authority.

(1) The State Level Authority may meet once in every month to conduct the business for carrying out the purposes of the Act.

(2) Notwithstanding anything contained in sub-rule (1), the State Level Authority may meet such other times, as may be appointed by the Member-Secretary on advice of the Chairman of the State Level Authority.

(3) The Chairman, or in his absence, one of the members of the State Level Authority, elected from amongst those present, shall preside at meetings of the State Level Authority, and the Chairman or such member shall be entitled to vote on any matter and shall have a second or casting vote in every case of equality of votes.

(4) No business shall be transacted at any meeting of the State Level Authority unless a quorum of 1/3rd of the total members is present.

7. Conduct of meeting of District Level Authority or Corporation Level Authority.

(1) The District Level Authority, or as the case may be, the Corporation Level Authority, shall meet once in every month to conduct the business for carrying out the purposes of the Act.

(2) Notwithstanding anything contained in sub-rule (1), the District Level Authority, or as the case may be, the Corporation Level Authority, may meet such other times, as may be appointed by the Member-Secretary on advice of the Chairman of the Authority concerned.

(3) The Chairman, or in his absence, one of the members of the concerned District Level Authority, or as the case may be, the Corporation Level Authority, elected from amongst those present, shall preside at meetings of the concerned Authority, and the Chairman or such member shall be entitled to vote on any matter and shall have a second or casting vote in every case or equality of votes.

(4) No business shall be transacted at any meeting of the concerned Authority unless a quorum of 1/3rd of the total members is present.

8. Procedure for filing application for obtaining permit for sinking of well.

(1) Any user desiring to sink a well for any purpose, excepting tubewell fitted with hand-pump or a well from which extraction or use made without the help of any mechanical or electrical device, shall make an application referred to in sub-section (2) of section 7, to the Member-Secretary of the concerned District Level Authority or, as the case may be, the Corporation Level Authority in Form 1 accompanied by a Challan showing the payment of non-refundable fee for filing application as specified in column (3) of Table to sub-rule (1) of rule 15, for the purpose of obtaining a permit as stated in sub-section (1) of section 7 and the serial number of the application form shall be mentioned on the backside of the Challan:

Provided that a user desiring to sink more than one well shall be required to submit separate application form for each well.

(2) Form I shall be available free of cost in the office of the Member-Secretary of the concerned District Level Authority or the Corporation Level Authority.

(3) Improper filling up of, and failure to annex all necessary documents specified in, Form 1 shall make the application liable to be rejected.

9. Disposal of application for permit by District Level Authority or Corporation Level Authority.

(1) On receipt of the application under rule 8, if-

(a) the District Level Authority considers that the application is for issuance of a permit under clause (b) of sub-section (3) of section 7, or

(b) the Corporation Level Authority considers that the application is for issuance of a permit under clause (b) of sub-section (4) of section 7, it shall, after being satisfied in its meeting, approve the case and give an intimation in Form 2 to the user to deposit the non-refundable fee payable after acceptance of the application as specified in column (4) of Table to sub-rule (1) of rule 15.

(2) The user shall, on receipt of the intimation under sub-rule (1), deposit the non-refundable fee payable after acceptance of the application as specified in column (4) of Table to sub-rule (1) of rule 15, in the same manner and under the same Head of Accounts as provided in sub-rule (2) of rule 15 and after such deposit, the user shall give an intimation in Form 3 along with the original Challan showing such payment and a photocopy of such challan to the concerned District Level Authority, or as the case may be, the Corporation Level Authority.

(3) The concerned District Level Authority, or as the case may be, Corporation Level Authority shall, on receipt of intimation in Form 3, issue permit in Form 4 to the user.

(4) If the concerned District Level Authority or the Corporation Level Authority, after discussion in its meeting, refuses to grant permit to the user, it shall give intimation of such refusal to the user in Form 5.

(5) Any decision taken by the concerned District Level Authority or the Corporation Level Authority, as the case may be, shall be intimated to the user by registered post with acknowledgement due, within a period of four months from the date of receipt of such application by such concerned District Level Authority or such Corporation Level Authority, as the case may be, and a copy of the intimation shall also be affixed to the Notice Board of the office of the Member-Secretary of the concerned District Level Authority or the Corporation Level Authority:

Provided that the user may receive the copy of the intimation by hand from the office of the Member-Secretary of the concerned District Level Authority, or as the case may be, the Corporation Level Authority.

10. Disposal of application for permit by State Level Authority.

(1) On receipt of the application under rule 8, if-

(a) the District Level Authority considers that the application is for issuance of a permit of sinking a well for the purpose of extracting or using ground water exceeding 50 cubic meter per hour as mentioned in clause (c) of sub-section (3) of section 7, or

(b) the Corporation Level Authority considers that the application is for issuance of a permit of sinking a well for the purpose of extracting or using ground water exceeding 100 cubic meter per hour as mentioned in clause (c) of sub-section (4) of section 7, it shall forward the case to the State Level Authority and the State Level Authority shall after being satisfied in its meeting, approve the case for granting a permit to the user.

(2) The State Level Authority shall, on approval of the case as stated in sub-rule (1) or refusal of the case as stated in sub-rule (2), forward the case to the concerned District Level Authority or as the case may be, the Corporation Level Authority, for intimation to the user.

(3) On receipt of the approval of the case, the District Level Authority or the Corporation Level Authority, as the case may be, shall give intimation in Form 2 to the user to deposit the non-refundable fee after acceptance of the application, as specified in column (4) of the Table to sub-rule (1) of rule 15.

(4) The user shall, on receipt of the intimation in Form 2, deposit the non-refundable fee referred to in sub-rule (4) under the same Head of Accounts as provided in sub-rule (2) of rule 15 and after such deposit, the user shall give an intimation in Form 3 along with the original challan, and a photocopy of such challan, showing such payment to the concerned District Level Authority, or as the case may be, Corporation Level Authority.

(5) The concerned District Level Authority or the Corporation Level Authority shall, on receipt of intimation in Form 3, issue permit in Form 4 to the user.

(6) If the State Level Authority, after discussion in its meeting, refuses to grant permit to the user and forwards its decision to the District Level Authority or the Corporation Level Authority, as the case may be, such District Level Authority, or as the case may be, the Corporation Level Authority, shall give intimation of such refusal to the user in Form 5.

(7) Any decision taken by the State Level Authority regarding grant or refusal of permit shall be intimated to the user by the concerned District Level Authority or the Corporation Level Authority, as the case may be, by registered post with acknowledgement due, within a period of four months from the date of receipt of such application by such District Level Authority or Corporation Level Authority, as the case may be, and a copy of the intimation shall also be affixed to the notice board of the office of the Member-Secretary of the concerned District Level Authority or the Corporation Level Authority :

Provided that the user may receive the copy of the intimation by hand from the office of the Member-Secretary of the concerned District Level Authority, or as the case may be, the Corporation Level Authority.

11. Procedure for application for registration for existing well.

(1) Any user, who has sunk a well for extracting or using ground water in any area before the date of coming into force of the Act, shall make, in Form 6, an application referred to in sub-section (1) of section 8, within a period of six months from the date of coming into force of these rules, to the authorised officer:

Provided that a user who has sunk more than one well for extracting or using ground water in the area shall be required to submit separate application Form for each well.

Explanation:- For the purpose of this rule, “authorised officer” means-

(a) in case of the District Level Authority, the Sub-Assistant Engineer (Civil/Mechanical/Electrical) of the Water Investigation and Development Department posted in the concerned Block, or any other officer duly authorised on this behalf, by the concerned District Level Authority for discharging functions under the Act;

(b) in case of the Corporation Level Authority, the officer of concerned Borough offices, under the Kolkata Municipal Corporation, designated as such by the Corporation Level Authority for discharging functions under the Act.

(2) (a) In case of registration of a well in a district, the authorised officer shall, through the concerned Block Development Officer, forward the applications to the Member-Secretary of the concerned District Level Authority with a consolidated statement at the close of every month.

(b) In case of registration of a well in the Kolkata Municipal Corporation area, the authorised officer shall forward such applications to the Member-Secretary of the Corporation Level Authority with a consolidated statement at the close of every month.

(3) Form 6 shall be available free of cost in the office of the authorised officer.

(4) Improper filling up of, and failure to annex all necessary documents specified in, Form 6 shall make the application liable to be rejected.

12. Disposal of application for certificate of registration by District Level Authority or Corporation Level Authority.

(1) On receipt of the application under rule, 11, if-

(a) the District Level Authority considers that the application is for issuance of a certificate of registration under clause (b) of subsection (2) of section 8, or

(b) the Corporation Level Authority considers that the application is for issuance of a certificate of registration under clause (b) of sub-section (3) of section 8, it shall, after being satisfied in its meeting, approve the case and grant certificate of registration in Form 7 to the user and if the concerned District Level Authority, or as the case may be, the Corporation Level Authority is not satisfied with the case, it shall refuse to grant certificate of registration and shall intimate accordingly to the user in Form 8.

(2) Any decision taken by the concerned District Level Authority, or as the case may be, the Corporation Level Authority, under this rule regarding grant or refusal of certificate or registration shall be intimated to the user by registered post with acknowledgement due, within a period of four months from the date of receipt of such application and a copy of the intimation shall also be affixed to the notice board of the office of the Member-Secretary of the concerned District Level Authority or the Corporation Level Authority:

Provided that the user may receive the copy of the intimation by hand from the office of the Member-Secretary of the concerned District Level Authority, or as the case may be, the Corporation Level Authority:

13. Disposal of application for certificate or registration by State Level Authority.

(1) On receipt of the application under rule 11, if-

(a) the District Level Authority considers that the application is for issuance of a certificate of registration for the purpose of authorising the applicant extracting or using ground water exceeding 50 cubic meter per hour as mentioned in clause (c) of sub-section (2) of section 8, or

(b) the Corporation Level Authority considers that the application is for issuance of a certificate of registration for the purpose of authorising the applicant extracting or using ground water exceeding 100 cubic meter per hour as mentioned in clause (c) of sub-section (3) of section 8, it shall forward the case to the State Level Authority and the State Level Authority may, after being satisfied in its meeting, approve the case for granting certificate of registration to the user.

(2) The State Level Authority shall, on approval of the case as stated in sub-rule (1) or refusal of the case as stated in sub-rule (2), forward the case to the concerned District Level Authority or as the case may be, to Corporation Level Authority.

(3) If the State Level Authority approves the case for granting certificate of registration, the concerned District Level Authority or as the case may be, the Corporation Level Authority shall issue certificate of registration in Form 7 to the user.

(4) If the State Level Authority, after discussion in its meeting refuses to grant approval for issue of certificate of registration, the concerned District Level Authority, or as the case may be, the Corporation Level Authority shall give intimation to the user in Form 8.

(5) Any decision taken by the State Level Authority under this rule regarding grant or refusal of permit shall be intimated to the user by the concerned District Level Authority or the Corporation Level Authority, as the case may be, by registered post with acknowledgement due, within a period of four months from the date of receipt of such application by such District Level Authority or Corporation Level Authority, as the case may be and a copy of the intimation shall also be affixed to the notice board of the office of the Member-Secretary of the concerned District Level authority or as the case may be, the Corporation Level Authority:

Provided that the user may receive the copy of the intimation by hand from the office of the Member-Secretary of the concerned District Level Authority, or as the case may be, the Corporation Level Authority.

14. Registers for permit and certificate of registration.

Each District Level Authority and the Corporation Level Authority shall maintain separate registers for issuing permit in Form 9 and certificate of registration in Form 10.

15. Application Fee.

(1) A user shall deposit such an amount of non-refundable fee-

(a) for filing application for obtaining permit for sinking a new well as stated in sub-rule (1) of rule 8; and

(b) after acceptance of application as stated in sub-rule (1) of rule 9, as mentioned in column (3) and column (4) respectively, of the Table below, on the basis of category of discharge range of the well as mentioned in column (2) of the said Table.

(2) The application fee referred to in sub-rule (1) shall be paid by Challan to the Treasury link bank or the Reserve Bank of India or any duly authorised Public Sector Undertaking Bank under the Head of A/C “0702-80-800-OTHER RECEIPTS-002-Other Items-27-Other Receipts” (Code: 0702-80-800-002-27).

16. Preparation of district profile.

(1) The District Level Authority of each district, or as the case may be, the Corporation Level Authority, shall prepare district profile on ground water resources once in every five years.

(2) Every district profile shall contain details of ground water resources available as assessed by the State Water Investigation Directorate in accordance with the existing methodology approved by the present Ground Water Estimation Committee and the Research and Development Advisory Committee of the Government of India and any such committee or authority as may be constituted by the Government of India for deciding about such methodology and the estimated draft relating to different uses viz. irrigation, industry, domestic, etc. in accordance with the guidelines issued by such committee or authority from time to time.

17. Appellate authority.

(1) A user aggrieved by any action taken or decision made by the District Level Authority or the Corporation Level Authority or the State Level Authority or any other person authorised by the State Level Authority, as the case may be, may prefer an appeal –

(a) to the officer not below the rank of a Joint Secretary to the Government of West Bengal, duly authorised by the Secretary, Water Investigation and Development Department, Writers’ Buildings, Kolkata-700 001, if the discharge range of the well for which the permit or certificate of registration, as the case may be, is within the category specified in Sl. No. 1 or Sl. No. 2 of Table to subrule (1) of rule 18;

(b) to the Secretary to the Government of West Bengal, Water Investigation and Development Department, Writers Buildings, Kolkata-700001, if the discharge range of the well for which the permit or certificate or registration, as the case may be, is within the category specified in Sl. No. 3 or or Sl. No. 4 of Table to sub-rule (1) of rule 18, and such authority shall be the appellate authority for the purpose of the Act.

Explanation:- For the purpose of this rule, “Secretary” or “Joint Secretary” include the person discharging the function of the Secretary or the Joint Secretary, as the case may be.

18. Fee for appeal.

(1) A user may prefer an appeal to the appeallate authority under the Act on payment of such fee as specified in column (3) of Table below, on the basis of category of discharge range of the well as mentioned in column (2) of the said Table:-

No. 2109-WI.BP. dated 31.07.2006