The Assam Ground Water Control and Regulation Act, 2012
                  - I4m                   - ‘tvjjtr Aa. Registered No. 768/97

**Wi|4«l 3FJrt**

# THE ASSAM GAZETTE

#### w w
 EXTRAORDINARY
 ’^ ^ 4 W a<4>lFK5

 PUBLISHED BY THE AUTHORITY

T? 226 ’ifW t, 19 CT’, 2012,29 4’^ , 1934 (W )

No. 226 Dispur, Saturday, 19th May, 2012, 29th Baisakha, 1934 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : :: LEGISLATIVE BRANCH

**NOTIFICATION**

The 19th May, 2012

**No. LGL. 64/2002/71.- The following Act of the Assam Legislative Assembly which received**

the assent of the Governor is hereby published for general information.

**ASSAM ACT NO. XVI OF 2012**

#### (Received the assent of the Governor on 14th May, 2012)

**THE ASSAM GROUND WATER CONTROL AND REGULATION ACT, 2012**


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2006 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2012

### AN >

 ACT

#### to regulate and control the Development and Management of Ground
 Water in the State of Assam and matters connected therewith or incidental thereto.

**Preamble** Whereas it is expedient to regulate and control the development and

#### management <5f ground water in the State of Assam and the matters
 connected therewith or incidental thereto; It is hereby enacted in the Sixty-third Year of the Republic of India as follows:

## £ hapteb_xI

**PRELIMINARY**

#### Short title,
 1. (1) This Act may be called the Assam Ground Water Control and
 extent and
 Regulation Act, 2012.
 commencement.
 (2) It extends to the whole of Assam.

 (3) It shall come into force on such date as the State Government

 may, by notification in the Official Gazette, appoint:

 Provided that different dates may be appointed for
 different areas of the State of Assam.

 Definitions 2. In this Act, unless the context otherwise requires,

 (a) “Act” means the Assam Ground Water (Control and
 Regulation) Act, 2012;

 (b) “artificial recharge to ground water” means the process by
 which ground water reservoir is augmented at a rate exceeding that under natural condition of replenishment;

 (c) “drinking water” means water for consumption or use by
 human population for drinking and for other domestic purposes which shall include consumption or use of water for cooking, .bathing, washing, cleansing and other day-to- day activities. It shall also include water meant for consumption by livestock;

 (d) “ground water” means the water that exists below the
 surface of the ground at any particular location;

 (e) “prescribed” means prescribed by rules made under this
 Act;

 (f) “rain water harvesting” is the technique for collection and
 storage of rainwater at surface or in sub-surface aquifer;

 (g) “State Government” means the State Government of
 Assam;

 (h) “State Authority” means the Assam State Ground Water
 Authority established under section 3 of this Act;


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#### (i) “Sink”, with all its grammatical variations and cognate
 expressions in relation to a well, includes digging, drilling or boring of new wells or deepening and modification (of radials and galleries) of the existing wells;

 (j) “User of ground water” means the person or persons or an
 institution including a company or an establishment, whether Government or non-governmental who or which extract or use or sell ground water for any purpose including domestic use made either on a personal or community basis;

 (k) “Well” means a structure sunk for the search or extraction
 of ground water by a person or persons except by the authorized officials of the State or Central Government for carrying out scientific investigations, exploration,
 development, augmentation, conservation, protection or management of ground water and includes open well, dug well, bore well, dug-cum-bore well, tube well, filter point, collector well, infiltration gallery, recharge well, disposal well or any of their combinations or variations:

 Provided that it will exclude a well of any
 variant used by person or persons drawing ground water by manual devices like hand pump or rope or bucket.

### CHAPTER-II

#### (1) Constitution of the Assam State Ground Water Authority,-
 Establishment of State Ground (i) The State Government shall, by notification in the Official Water Authority Gazette, establish with effect from such date as may be and Zonal Ground specified in the notification, an authority to be known as “the Water Authorities. Assam State Ground Water Authority” to exercise the powers
 conferred on and to perform functions assigned to the State Authority under this Act.

 (ii) The State Authority shall consist of the following;-

 (a) Secretary to the Government of Ex-officio
 Assam, Irrigation Department Chairman
 (b) Chief Engineer, Minor Irrigation, Ex-officio
 Assam Member

 (c) Chief Engineer, Public Health Ex officio
 Engineering Department, Assam Member

 (d) Chief Engineer, Agriculture Ex- officio
 Department, Assam Member

 Ex-officio
 (e) director, Geology & Mining, Assam Member
 Secretary

 (f) A representative of the Guwahati
 Metropolitan Development Authority
 Member
 (GMDA) to be nominated by the GMDA


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#### (g) A representative of State Pollution
 Control Board to be nominated by ..........  Member the Board.

 (h) Chief Engineer, Guwahati Municipal Ex-Officio
 Corporation
 Member

 (i) A representative of the Urban
 Development Department,
 -------- Member
 Government of Assam, to be nominated by the Department

 (j) A representative of the Central
 Ground Water Board (CGWB), to be -------- Member nominated by the Chairman, CGWB

 (k) 2 (Two) representatives of the public
 i industries etc. to be nominated by
 -------- Member
 the State Government as Non-
 Govemmentdl Member

 (iii) The term of office and manner of filling the vacancies
 and other conditions of service of the nominated members shall be such as may be prescribed.

 Civ) The Head Quarters of the State Authority shall be located
 in the office premises of the Irrigation Department,
 Chandmari, Guwahati-3 until separate arrangement is made and notified by the State Government.

 (2) Constitution of Zonal Ground Water Authorities

 (i) The State Government shall, with effect from such date as
 may be specified, by notification in the Official Gazette, constitute Zonal Ground Water Authorities in respect of each area and jurisdiction of a Superintending Engineer of
 ‘ ■ the Irrigation Department to exercise powers conferred on and to perform functions as assigned to it, by the State Authority under this Act.

 (ii) The Zonal Ground Water Authority shall consist of the
 following:-

 (a) The Superintending Engineer of the Irrigation
 Department of the respective area and jurisdiction shall be the Chairman of the Zonal Ground Water Authority. The respective Executive Engineer of the Public Health Engineering Department posted and working at the Head Quarters of the respective Superintending Engineer, Irrigation Department shall be the Member Secretary of the Zonal Ground Water Authority;

 (b) 4 (Four) officials, on the recommendation of the State
 Authority, shall be nominated by the State Government to the Zonal Ground Water Authority;

 (c) 2 (Two) persons shall be nominated by the State
 Government from amongst the Members of the
 Municipal Corporation or the Municipal Board
 functioning within the area and jurisdiction of the Zonal Ground Water Authority;


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#### (d) 2 (Two) nou-officials to be nominated by the State
 Government to represent the Industries or Trade or of Public Interest which in the opinion of the State Government ought to be represented:

 Provided that such members shall have no

 • voting right.

 Staff of the State 4. (1) Tn order to enable the State Authority to properly function Authority. or exercise the powers under the Act, the State
 Government may appoint such number of technical
 personnel and other staff as it may be considered necessary:
 Provided that the officers and staff required
 by the State Authority will be provided, initially, by the Irrigation and other concerned departments.
 (2) The functions and other terms and conditions of service
 of the employees shall be such as may be prescribed:
 Provided that the employees placed at the
 disposal of the State Authority by the Irrigation and/or
 . other concerned departments) shall draw their salaries and allowances from the respective parent
 departments) and other terms and conditions of such employees shall be governed by the rules and regulations etc. applicable to them in the respective parent departments).

 Powers to notify 5. (1) The State Authority shall function under the overall areas for control control and supervision of the State Government. and regulation of

 - (2) If the State Authority is of the opinion that it is
 ground water
 necessary or expedient in the public interest to
 development.
 control and /or regulate the extraction or the use or both of ground water in any form in any area it may advise the State Government to declare any such area to be a notified area for the purpose of this Act with effect from such date as may be specified therein. The declaration shall be notified in the Official Gazette:
 Provided that the date as specified in the
 notification shall not be earlier than three months from the date of publication of the said notification.

 (3) Every such notification shall, in addition to its
 publication in the Official Gazette, be published in not less than one daily regional language newspaper having wide circulation in the State, and also be served in such manner as the State Government may think fit and all or any of the following modes may be followed in effecting such services, namely:-

 .(a) by affixing a copy of the notification to some
 conspicuous part of the offices of the village Panchayats located in the said area;

 (b) by proclaiming by beat of drum or by means of
 loudspeakers the contents of the notification in the said area;

 (c) in such other manner as may be prescribed.


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(4) If in the opinion of the State Authority, the availability

of ground water has improved in the notified ar**^, it
may advise the State Government to de-notify such
area and the Government may do so according to the
procedure provided under sub-section (2) of section 5
for notifying the area.

(5) The State Authority shall also take steps to ensure

that exploitation of ground water resources does not
exceed the safe yield limit of the aquifers. Wherever
there is mismatch, steps will be taken to ensure
augmentation of ground water resources in addition to
regulatory measures.

(6) The State Authority shall maintain and upkeep the

data-base on ground water related information.

6. (1) Any user of ground water as defined under sub-section

Grant of permit to

(j) of section 2 desiring to sink a well in the notified

extract and use

area for any purpose either on personal or community

ground water in

basis as commercial / industrial user, shall apply to

the notified area

the State Authority in prescribed form of application
for grant of a permit for this purpose, and shall not

proceed with any activity connected with such
sinking unless a permit has been granted by the State
Authority:

Provided that the person or persons shall not

have to obtain a permit if the well is proposed to be
fitted with a hand operated manual pump or water is
proposed to be withdrawn by manual devices.

(2) (a) Every application under sub-section (Z) shall be

made in such form,shall contain such particulars and
in such manner as may be prescribed.

(b) Each application should accompany an

administrative fee of Rs. 100/-(Rupees One hundred)
only in case of an individual in rural areas and

Rs.200/- (Rupees Two hundred) only in case of an
individual in urban areas. In case of application
submitted by a Company, Society etc. the fee is
Rs. 1000/- (Rupees One thousand) only for rural areas
and Rs.2000/- (Rupees Two thousand) only for urban
areas. The fee is payable in favour of Assam State
Ground Water Authority.

(3) On receipt of an application under sub-section (1),

the application shall be endorsed to an Investigating
Officer who shall visit the site and shall after making
necessary enquiry on the following points, submit a
report w,ith his recommendation to the State

Authority
(a) geology and geomorphology of the area;

(b) observation of existing well, if any;

(c) measurement of non-pumping water level in the

surrounding area;

(d) brief lithology of the area, if available;

(e) spacing of Ground Water structures;

(f) prospect of Ground Water availability;

(g) feasibility for Ground Water Development;

(hl n ne of v ell (DTW. STW Dun Wei!                           - o •


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(i) basement structure study in hard rock terrain;

(j) quality of Ground Water.

(4) On the basis of the report received, the authorized

officer of the State Authority shall either grant or
refuse to grant a permit:

Provided that no person shall be refused a

permit unless he has been given a reasonable

opportunity of being heard.

(5) The decision regarding the grant or refusal of the

permit shall be intimated by the State Authority to

<• the applicant within a period of 45 (forty-five) days
from the date of receipt of the application.

(6) In granting or refusing a permit under sub-scction

(4), the State Authority shall have regard to —

(a) the purpose or purposes for which the water is

to be used;

(b) tire existence of other competitive users;
(c) availability of ground water;
(d) quality of ground water with reference to use;
(e) spacing of ground water structures keeping in

consideration the purpose for which the water
is to be used;

(f) long term ground water level behaviour;
(g) any other factor relevant thereto.

(7) The State Authority would enforce community

centres like Hospitals, Educational Institutions,

Industrial Complexes, Fiat Complexes, Hotels
etc. in the notified area to undertake measures
for replenishment of ground water by artificial
recharge structures like Roof Water Harvesting
Structures etc.

(8) The permit shall be in such form as may be

prescribed.

7. (1) Every existing user of ground water in the State

Registration

shall within a period of 120 (One hundred and

of existing

twenty) days from the date of establishment of

users in

the State Authority shall apply to the State

notified areas

Authority for grant of a Certificate of

Registration recognizing its existing use in such
form and in such manner as may be prescribed:

Provided that the State Authority may

entertain any such application after the expiry of
the said period of 120 (One hundred and twenty)
day?, if ifefe satisfied that the user was prevented
by sufficient cause from filing application in
time.

(2) For grant of Certificate of Registration one

standard form should be introduced for

collecting an Administrative Fee of Rupees 100/-
(Rupees One hundred) for an individual user in
rural area and Rs. 200/- (Rupees Two hundred)
for an individual user in urban area and Rs.

1000/- (Rupees One thousand) for a company or

society in rural area and Rs. 2000/- (Rupees Two
thousand) for a company or society in urban
area.


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(3) The details to be furnished in an application

under sub-section (7) shall include the following,
namely:-

(i) the description of the source of ground water,

.such as type of well and its exact location;

(ii) the lifting device used;

(ilijthe quantity of ground water withdrawal and

hours of operation per day;

(iv) the total period of use in each year;
(v) the purpose or purposes for which ground water

is being extracted;

(vi) in case the requirement of ground water is for

the purpose of drinking water, the approximate
population to be served;

(vii) in the case of irrigation well, the location

and extent of area irrigated;

(viii) irj case of State, Municipal or Community

run water supply schemes, the details of the
services involved in addition to the quantities of
ground water extracted, the diversion or the
pumping points and their locations.

(4) On receipt of an application under sub-section

(1), if the State Authority is satisfied that it shall
not be against the public interest to do so, it may
grant, subject to such conditions and restrictions
as may be specified, a Certificate of Registration
authorizing the continued use of the water:

Provided that no person shall be, refused

a Certificate of Registration unless he has been
given an opportunity of being heard.

(5) The decision regarding the grant or refusal of the

Certificates of Registration shall be intimated by
the State Authority to the applicant within a
period of 60 (Sixty) days from the date of receipt
of the application.

(6) In granting or refusing a Certificate of

Registration under sub- section (4) the State
Authority shall have regard to —

**(a)** the purpose or purposes for which the water
fe to be used;

                               - (b) the existence of other competitive users;
(c) availability of ground water;
(d) quality of ground water with reference to

use;

(e) spacing of ground water structures keeping

in consideration the purpose for which
water is to be used;

(f) long term ground water level behaviour;
(g) any other factor relevant thereto.

(7) The Certificate of Registration shall be in such

form as may be prescribed.

(8) Pending the communication by the State Authority

of the decision on an application under sub-section
(1), every existing user of the ground water in the
notified area shall be entitled to the continued use
of the ground water in the same manner and to the
same quantity as the user was entitled to on the date
of his/her application.


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(9) If a registered Well becomes defunt, the fact
should be immediately brought to the notice of
the State Authority by the user o f ground water.

Registration of **8.** (1) All wells sunk in the State shall have to be

user of new registered including the areas not notified under

wells in non section 5 of this Act, except those excluded under
notified area. clause (k) of section 2 of the Act.

(2) The clause under sub-section (9) of section 7 shall

also be applicable.

Registration **9.** (1) Every rig owner shall register his/her machinery
of Drilling with the State Authority in such manner and/or on
Agencies. payment of such fees as may be prescribed.

(2) Every rig owner or operator shall follow the

instructions issued by the State Authority from
time to time.

Power to alter, **10.** (1) At any time after a Permit or Certificate of
amend or vary the Registration, as the case may be, has been
terms of the granted, the State Authority may, for technical

Permit / reasons, alter, amend or vary the terms of the
Certificate of Permit or Certificate of Registration, as the case
registration. may be, provided the user of ground water has

been given an opportunity of being heard:

Provided that before taking such action, the

State Authority shall ensure that the standing
crops are not damaged.

(2) The State Authority may impose and realize

Annual Water Rates from bulk as well as
commercial and industrial users as decided by
the State Government.

Cancellation of **11.** If the State Authority is satisfied either on a
Permit/Certificate of reference made to it in this behalf or otherwise
Rehabilitation or th af-
License.

(a) the Permit or Certificate of Registration or

Licence granted under sub-section (4) of section
6 or sub-section (4) of section 7, as the case may
be, is not based on facts;

-(b) the holder of the Permit or Certificate of

Registration or Licence has without reasonable
cause failed to comply with the conditions subject
to which the Permit or Certificate of Registration
or Licence has been granted or has contravened
any of the provisions of this Act or the rules made
thereunder; or

(c) a situation has arisen which warrants limiting of

the use or extraction of ground water;

then, without prejudice to any other penalty to
which the holder of the Permit or of the
Certificate of Registration or Licence may be
liable under the Act, the State Authority may after
giving the holder _of the Permit, Certificate of_
Registration or Licence, an opportunity of being
heard, cancel the Permit, Certificate of

Registration or Licence, as the case may be.

«■


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Powers of the 12. (1) The State Authority or any person authorised by it
Assam Ground

in writing in this behalf, shall have power —

Water Authority.

(a) to enter on any property (private or Government

owned) with the right to investigate and make any

measurements concerning the land or the water

located on the surface or the underground;

(b) to inspect the well which has been or is being
sunk and the soils and other materials excavated
therefrom;

(c) to take specimens o f such soils or other materials
or of water extracted from such wells;

(d) to require by order in writing the persons sinking
a well to keep and preserve in the prescribed manner
specimens of soils or any materials excavated
therefrom for such period not exceeding three
months from the date of completion or abandonment
of the work as may be specified by the Authority and
thereupon such person shall comply with such

requisition;

(e) to inspect and to take copies of the relevant
records or documents and ask any question necessary
for obtaining any information (including diameter or

depth of the well which is being or has been sunk;
the level at which the water is or was struck and
subsequently restored/rested; thfe types of strata
encountered in the sinking of the well and the quality
of the water struck etc.) required for carrying out the

                       - purposes of this Act;

(f) to direct the user of ground water to install water
measuring device on any ground water abstraction
structures:

Provided that where the user of ground water

does not comply with the requisition issued to
him/her within a period of 30 (thirty) days, the State
Authority itself may install such water-measuring
device and recover the cost from the defaulting user
of ground w ater;

(g) to seize any equipment/device utilized for illegal
sinking and destroy the work executed fully or
partly;

(h) to direct any user of ground water, who does not
comply with the provisions of this Act and rules
framed thereunder, to close down any water supply
or destroy any hydraulic work found to be illegal
according to the provisions o f this Act and the rules
framed thereunder:

Provided that where the user of ground water

does not comply with the requisition issued to him
within a period of 60 (sixty) days the State Authority
itself may carry out the necessary work and recover
the cost from the illegal user of ground water;


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(1) to enter and search with such assistance if any, as
it considers necessary, any place in which it has
reason to believe that offqnce under this Act has
been or is being committed and order in writing the
person who has been or is committing the offence
not to extract or use the ground water for a specified
period not exceeding 30 (thirty) days;

(j) to exercise such other powers as may be
necessary for carrying out the purposes of this Act or
any rules made thereunder.

(2) The power conferred by sub-section (1) includes
the power to break open the door of any premise
where sinking, extraction and use of ground water
may be going on:

Provided that the power of breaking open the

door shall be exercised only after the owner or any

ther person in occupation of the premises, if he is

present therein, refuse to open the door on being
called to do so.

(3) The provision o f the Code of Criminal

Procedure, 1973 (2 of 1974) shall so far as may

apply to any search or seizure under this section as
they apply to any search or seizure made under the
authority of a warrant issued under section 93 of the
said code.

(4) Where the State Authority seizes any

mechanical equipment/device under clause _(g) of_
sub-section (1), it shall as soon as may be, inform a
Magistrate and take his orders as to the custody
thereof.

Service of 13. (1) Every order under clause fd) of sub-section (1)

orders etc. of section 12 shall be served -■

(a) by giving or tendering the order of notice or

by sending it by post to the user for whom it is
intended; or

(b) if such user cannot be found, by affixing the

order of notice on some conspicuous part of his
last known abode or place of business or by giving
or tendering the ordqr of notice to some adult
member or servant of his family or by causing it to
be affixed on some conspicuous part of the land or
building in which die well is being sunk.

(2) Where the person on whom the order or a

notice is to be served is a minor, service upon his
guardian in the manner provided in sub-section (2)
shall be deemed to be served upon the minor.

Beu* to claim 14. No person shall be entitled to claim any damages or

compensation. compensation from the Government for any loss

sustained by him by virtue of any action taken
under this Act.


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2016 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2012

Delegation of **15.** The State Authority may, by general or special order

powers and in writing, direct that all or any of the powers or
duties. duties which may be exercised or discharged by it

shall, in such circumstances and under such
conditions, if any, as may be specified in its order,
be exercised or discharged also by any employee
of the Authority specified in this behalf in the
order.

Members and 16. All members and employees of the State Authority

employees of the shall, when acting or purporting to act in

State Authority pursuance of the provisions of this Act or of any
to be public rules made thereunder, be deemed to be public
servants. servants within the meaning of section 21 of the

Indian Penal Code.

No prosecution, suit or other legal proceeding shall

Protection of
action taken be instituted against the Government, the State

Authority or any other officer of the Government

in good faith.

or any Member or other employees of the State
Authority for anything done or intended to be done
in good faith under this Act or the rules made
thereunder.

Cognizance jg.

(1) No prosecution for an offence under this Act

and trial of shall be instituted except by or with the written
offences. consent of the State Authority or a person

authorised in this behalf by the State Authority.

(2) No court inferior to that of the Metropolitan

Magistrate or a Judicial Magistrate, 131 Class shall

try any offence under this Act.-

#### CHAPTER-III

Rain Water

**19.** The over exploitation of ground water due

harvesting for

to ever increasing population, and other

ground Water

development activities have led to fall in the ground

recharge.

water table, drying up of wells, reduced

sustainability of tube wells, environmental

degradation etc. in many parts of the State. In order
to improve the ground water situation in critical
areas, it is, therefore, essential to adopt rainwater
harvesting for ground water recharge. In urban
areas, rainwater available from rooftops of

buildings and other areas cah be utilised gainfully
for ground water recharge. Rainwater harvesting
structures feasible in urban areas include recharge
pits, trench, existing tube wells or open wells etc. In
rural areas, ground water recharge be taken up
considering watershed as a unit. The feasible
recharge structures in rural areas include

construction of Gully Plugs, Contour Bunding,
Gabion Structure, Check Dam/Weir, Percolation
tank, Recharge Shaft etc.


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( 1) lb iinprose the ground water situation, the

State Authority may identity the recharge worthy
areas in the State and issue necessary guidelines for
adoption of rainwater harvesting for ground water
recharge in these areas. In rural area, watershed
management to facilitate ground water recharge
may be arranged through community participation.
The State Authority may give appropriate

directions to the concerned departments of the State
Government to include rainwater harvesting in all
development schemes falling under notified areas.
In urban areas falling in notified areas, the State
Authority may issue directions for constructing
appropriate rainwater harvesting structures in all
residential, commercial and other premises having
an area of 100 Sq. metres or more in manner
prescribed within the stipulated period, failing
which the State Authority may get such rainwater
harvesting structures constructed and recover the
cost incurred along with a penalty as may be
prescribed.

(2) Notwithstanding anything contained in the

relevant laws, the Municipal Corporation or any
other local authority, as the case may be, may
impose stipulated conditions for providing rooftop

rainwater harvesting structures in the building plan

in dn area of 100 Sq. metres or more, while
according approval for construction. Permanent
water- and electricity connections shall be extended
only after compliance of the directions given in this
regard.

(3) The State Authority shall take steps for

promotion of Mass Awareness and Training
Programmes on Rain Water Harvesting and
Artificial Recharge to Ground Water through
Government Agencies / Non Government

Organisations (NGOs) / Voluntary Organisations
(VOs) 1 Educational Institutions / industries /

Individuals.

**CHAPTER - IV**

**MISCELLANEOUS**

**20.** If any difficulty arises in giving effect to the

Power to

provisions of this Act, the Government may, as j

remove occasion arises, by order, do anything which 4
difficulties.

appears to it to be necessary or expedient to
remove the difficulty:

Provided that no such order shall be made after
the expiry of the period of 2 (two) years from the

date of commencement of this Act.

**21.** (1) For Non-Receipt of Information

Offences.

If any user of ground water -

,(a) contravenes or fails to comply with any of

the provisions of this Act or any rules made
thereunder in supplying information as

prescribed; or


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2018 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2012

### 4

(b) obstructs the Stale Authority or any other
person authorized by it to exercise any of the
powers under this Act,

he shall be punishable -

(1) for the first offence with fines which may

extend up to Rs. 200/-(Rupees Two Hundred
only); and

(ii) for the second and subsequent offence, with
fines which may extend up to Rs. 1,000/-(Rupees
One Thousand only).

(2) For Illegal sinking/construction and/or use of
wells.

If any user of ground water -

(a) contravenes or fails to comply with any of

the provisions of this Act or any rule made
thereunder; or

(b) obstructs the State Authority or any other
person authorized by it to exercise any of the
powers under this Act,

he shall be punishable -
(i) for the first offence with fines which may
extend up to Rs. 1,000/- (Rupees One Thousand
only); and

(ii) for the second and subsequent offence, with
imprisonment for a term which may extend up to
6 (six) months or with fines which may extend
up to Rs. 10,000/- (Rupees Ten Thousand only).

(3) Overdrawal of waler than the permitted
quantity.

If any user of ground water -

(a) draws water from the structure exceeding
the permitted quantity; or

(b) obstructs the State Authority or any other
person authorized by it to exercise any of the
powers under this Act,

he shall be punishable -
(i) for the first offence with fines which may
extend up to Rs. 1,000/- (Rupees One Thousand
only); and

(ii) for the second and subsequent offence, with
imprisonment for a term which may extend up
to 6 (six) months or with fines which may extend
up to Rs. 10,000/- (Rupees Ten Thousand only).

22. Any offence under this Act may be compounded

Compounding

by the State Authority as prescribed, either

of offences.

before or after the institution of the proceedings
subject to such conditions as may be prescribed.


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23. (1) Whenever an offence under this Act has been

K Offences by

committed by a Company, every person who at

Companies.

the time of the commission of the offence was in
charge of, or was responsible to the Company for
the conduct of the business of the Company, shall
be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished
accordingly.
(2) Notwithstanding anything contained in sub­
section (I), where an offence under this Act has
been committed with the consent or connivance
of, or is attributable to any neglect on the part of
any Director, Manager, Secretary or other officer
of the Company, such Director, Manager,

Secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be
proceeded against and punished accordingly:

Provided that nothing contained in this sub-section

shall render any such person liable to any
punishment under this Act if he proves that
offence was committed without his knowledge or
that he exercised all due diligence to prevent the
commission of such offence.

**Explanation: For the purpose of this Section -**

(a) **“Company”** means any body corporate and

includes a firm or other association or individuals,
and
(b) **“Director”,** in relation to a firm, means a

partner in the firm.

**24.** (1) Any person aggrieved by a decision or action

Appeals

of the State Authority under this Act may, within
a period of thirty days from the date on which the
action is taken or the decision is communicated to
him/her and on payment of such fees as may be
prescribed, prefer such an appeal to such
appellate authority as may be specified by the

State Government in this behalf:

Provided that Appellate Authority

may entertain an appeal after the expiry of the
said period of thirty days, if it is satisfied that the
applicant was prevented by sufficient cause from
filing the appeal in time.

(2) On receipt of on appeal under sub-section (1),
the Appellate Authority shall, after giving the
appellant an opportunity of being heard, dispose
of the appeal as expeditiously as possible;
preferably within 60 (sixty) days from the date of
receipt of the appeal.

Power to **25..** (1) The State Government may, by notification in the

make rules. Official Gazette,make rules to carry out the

purposes of this Act.

(2) In particular and without prejudice to the

generality of the forgoing power, such rules may
provide for -


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2020 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2012

(a) the term of office and manner of filling vacancies

and other conditions of the sendee among rhe
Members and Chairman of the State Authority.

(b) the functions and the terms and conditions of

service of the employees of the State Authority.

(c) any other manner of affecting service of the

notification under clause _(c) of sub-section (3) of_
Section 5.

(d) the form of application under sub-section (2) of

section (6) and the particulars that may be furnished
with these applications.

(e) the form of application under sub-section (7) of

section 7.

(f) the form of the permit and Certificate of

Registration under sub-section (8) of section 6 and
sub-section (7) of section 7.

(g) **the manner in which the specimens of soils or other**

materials shall be kept and preserved under clause

ftp of sub-section (1) of section 12.

(h) specifying the Appellate Authority under sub­

section (1) of section 24 and the fees to accompany
**tlw application for appeal.**

(i) any other matter which is to be or may be

prescribed.

(3) Every rule made under this Section shall be laid, as

soon as may be after it is made, before the Assam
Legislative Assembly while it is in session for a
total period of fourteen days which may be
comprised in one session or in two successive
sessions, and if before the expiry of the session in
which it is so laid or the session immediately
following, Assam Legislative Assembly agrees in
making any modification in the rules or the Assam
Legislative Assembly agrees that the rule should
not be made, the rule shall thereafter have effect
only in such modified form or be of no effect, as
the case may be. However, that any such
modification or annulment shall be without

prejudice to the validity of anything previously
done under that rule.

**MOHD. ABDUL HAQUE**

Secretary to the Govt, of Assam,

Legislative Department, Dispur.

Guwahati:- Printed and Published by the Dy. Director (P & S), Directorate of Ptg. & Sty. Assam, Guwahati-21

Ex. Gazette No. 451 -300 + 600 -19-5-2012.


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