SALIENT FEATURES OF  TAMIL NADU  GROUNDWATER (DEVELOPMENT AND MANAGEMENT) ACT-2003. ACT NO. 3 OF 2003

      

  • It extends to the whole State of Tamil Nadu except the areas to which Chennai Metropolitan Area Groundwater (Regulation) Act 1987.
  • Act exempting

1)      The wells coming under "Domestic purpose" (i.e. extracting device upto 1 HP)

2)      Wells sunk by State & Central Government for the purpose of scientific investigations, exploration, development and management for the survey and assessment of Groundwater resources.

3)      Well sunk by a small or marginal farmer.

(Small farmer: A farmer holding 1 to 2 hectares of Agricultural land Marginal farmer: A farmer holding less than 1 hectare of Agricultural land)
  • Implementation by establishing Groundwater Authority - Comprising

1.      Chairman (An officer of the Government in such rank as may be prescribed).

2.       2 representatives of different department concerned with groundwater exploration.

3.       One person having special knowledge or practical experience in matters relating to groundwater

4.       Full time technical officer in the rank of Chief Engineer, PWD who shall also be the member secretary.

  • Authority  monitor the Groundwater regime in mining area and may direct the disposal of mine water suitably. 
  • Provision for Groundwater management is given by identifying & notifying suitable areas for conjunctive use of Surface Water & Groundwater.
  • Authority will lay down or adopt standards for water quality depending on the kinds of water use.
  • Authority has powers to notify areas for development, control and regulations of Groundwater.

Restriction in notified area:-

1.      Every user of Groundwater in notified area has to obtain the certificate of registration from Authority for recognizing their existing Groundwater use.

2.      Sinking of wells without permit from authority in notified area is prohibited.

3.      Transportation of Groundwater from notified area without permit from Authority is prohibited.

Carrying on the business of sinking well in notified area without licence from Authority is prohibited.

 
  • All the wells sunk in the State on or after the date of commencement of this Act (including notified and non notified areas) have to be registered with the Authority.
  • Authority has the power to alter, amend or cancel terms of certificate of registration, permit or licence.
  • Electrical energy from TNEB will not be supplied for energizing wells sunk in contravention of the provisions of this Act.

·     Notification will be published

      In Tamil Nadu Government gazette and in at least one local daily news paper.

      By beat of drums or by means of public address systems in notified area

            By displaying a copy of the notification in Revenue and PWD offices.

 

·         Authority or any person authorized by it has the power to enter upon any premises  

1.                  to inspect

2.                  to take specimens such as soil, water etc.

3.                  to take copies of relevant records

4.                  to serve notice

5.                  to seize and take possession etc. 

It includes the power to break open the door of any premises where such sinking, extraction or use of Groundwater is going on, if the owner or the occupants refuse to comply with the notice or directions of the Authority. 
  • Any person aggrieved by the order or decision of the Authority may appeal to the Government of Tamil Nadu.

·         Penalties for contravenes or fails to comply with the Act is

 

1.                  for first offence Rs. 1000

2.                  for second and subsequent offence Rs.2000

for continuous contravention of the provisions under section 13 the fine may           extend to Rs.500 per day.
  • Offences under this Act is cognizable.
  • No suit, prosecution or other legal proceedings shall lie against the Government or Authority for action taken in good faith in pursuance of this Act.
  • This Act will over-ride other laws.
  • Government has power to direct the Authority to make an enquiry or to take appropriate proceedings under this Act.
  • Government have power to make rules for this Act.
  • Every rule made or every notification issued under this Act should be placed on the table of Legislative Assembly.
  • Assembly may make any modification or the Assembly may decide that the rules or notification should not be made or issued.

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