WHEREAS there is often acute scarcity of water due to consecutive failure of monsoon rains;

AND WHEREAS the available water in the Poondi, Cholavaram and Red Hills reservoirs which are the main sources of supply of water to the Madras city is inadequate to meet the requirements for drinking and other domestic purposes of the people in the Madras City;

AND WHEREAS the United Nations Mission which investigated the possibility of supplementing water supply to Madras has recognised that a better economic answer might lie in the development of ground water potential and had identified the Minjur, Duranallur-Panjetti and Tamaraipakkam-Kilanur wellfields in the Arani-Koratalaiyar basin, the Poondi, Koratalaiyar Flood Plains and Kannigaiper aquifers and also Poonamallee - Porur aquifer in Cooum-Adayar basin as having ground water for extraction;

AND WHEREAS the United Nations Development Programme which conducted pre- investment studies on improving water supply and sewerage systems of Madras concurred with the estimation of the Geological Survey of India that ground water can be extracted from the twenty kilometre stretch of the coastal zone between South Madras and Kovalam;

AND WHEREAS the Madras Metropolitan Water Supply and Sewerage Board has reported that all the possibilities of augmenting water supply to the Madras City have been exhausted and that it is necessary to regulate and control the extraction and use of ground water in any form and to conserve the same in the City of Madras and the district of Chengalpattu and to regulate and control the transport of ground water;

AND WHEREAS based on the United Nations Development Programme Studies, a scheme for artificial recharge of the Arani-Koratalaiyar basin with excess flood water flowing into the sea is to be taken up by interlinking Arani and Kortalaiyar at two or more feasible points and also by constructing sufficient number of check dams at the appropriate places in the Kortalaiyar river course;

AND WHEREAS such recharge will enable optimum utilisation of ground water and formation of a hydraulic barrier against sea water intrusion;

AND WHEREAS the Government have, after careful examination of all aspects, decided that it is necessary in the public interest to regulate and control the extraction and use of ground water in any form and to conserve the ground water in the City of Madras and certain revenue villages in the district of Chengalpattu and to regulate and control the transport of ground water;

BE it enacted by the Legislative Assembly of the State of Tamil Nadu, in the thirty-eighth year of the Republic of India as follows:-

1. Short title, extent and commencement: - (1) This Act may be called the Madras Metropolitan Area Ground water (Regulation) Act, 1987.

(2) It extends to the whole of the city of Madras and the revenue villages in the Chengalpattu district specified in the Schedule.

(3) Sections 14 and 15 shall come into force on such date as the Government may, by notification, appoint the rest of this Act shall come into force at once.

2. Definitions: - In this Act, unless the context otherwise require--

(a) "Board" means the Chennai Metropolitan Water Supply and Sewerage Board established under section 3 of the Chennai Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978);

(b) "competent authority" means the authority specified in section8;

(c) "date of commencement of this Act" means the date of publication of this Act in the Tamil Nadu Government Gazette.

(d) "domestic purposes" means the purposes of drinking, cooking, bathing, washing and flushing of toilet; and the expression "domestic" with all its grammatical variations and cognate expressions shall be construed accordingly;

Explanation:- In the case of any educational institutions, hospital, nursing home or hostel, "domestic purposes" shall include the purposes for which water is used for carrying on the work pertaining to such educational institution, hospital, nursing home or hostel;

(e) "Government" means the State Government;

(f) "groundwater" means the water which exists below the surface of the ground;

(g) "Scheduled area" means the whole of the City of Madras and the villages specified in the Schedule;

(h) "sink" with all its grammatical variations and cognate expressions includes digging, drilling, boring or deepening.

(i) "well" means a well sunk for the purpose of searching or extracting ground water and includes an open well, dug well, bore ell, dug-cum-bore well, tube well, filter point or any contrivance which when installed, could be utilised for extracting ground water.

3. Grant of permit to sink well in the scheduled area-- (1) Not withstanding anything contained in any law for the time being in force, no person shall sink a well in the scheduled area unless he has obtained a permit in this behalf from the competent authority.

(2) Any person desiring to sink a well in the scheduled area shall apply to the competent authority for the 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 competent authority.

(3) Every application made under sub-section (2) shall be in such form and contain such particulars as may be prescribed.

(4) On receipt of an application under sub-section (2), if the competent authority is satisfied that it shall be in the public interest so to do, it may--

(a) grant, subject to such terms, conditions and restrictions as may be specified, a permit authorising the sinking of well; or

(b) refuse to grant a permit

Provided that no permit shall be refused unless the applicant has been given an opportunity of being heard.

(5) The decisions regarding the grant or refusal to grant the permit shall be intimated by the competent authority to the applicant within such period as may be prescribed.

(6) In granting or refusing to grant permit under sub-section (4), the competent authority shall have regard to the following matters, namely:-

(a) the purpose or purposes for which the well is to be sunk;

(b) the existence of other competitive users;

(c) the existence of other wells in the locality

(d) the availability of ground water;

(e) such other matter as may be prescribed.

7. The permit shall be in such form as may be prescribed.

4. Registration of existing wells and use of ground water in scheduled area-- (1) The competent authority shall, within such time as may be prescribed, prepare and maintain a register showing--

(a) the number of wells that were in existence in the scheduled area; and

(b) the use of ground water in the scheduled area for agricultural purposes, immediately before the date of commencement of this Act.

(2) Every register prepared and maintained under sub-section (1) shall contain the following particulars, namely--

(i) the type of well and its exact location;

(ii) the device used for lifting the ground water;

(iii) the date from which the ground water is being used;

(iv) the purpose of purposes for which the ground water is being used;

(v) the quantity of ground water utilised;

(vi) the extent, location and the survey number of the area where ground water is used for agricultural purposes;

(vii) such other matter as may be p[prescribed.

(3) The competent authority shall as soon as may be, after the preparation of the register under sub-section (1) and in any case not later than such time as may be prescribed, cause to be published in such manner as may be prescribed,--

(i) in the case of revenue village specified in the Schedule, at convenient places in the revenue village itself; and

(ii) in relation to other areas, at such places as may be prescribed;

an extract from the said register in so far as the entries in the said register relate to the revenue village or to other area concerned.

(4) (a) Where, upon the publication of the extracts under sub-section (3), any land owner or occupier having an interest in any land situate in the scheduled area, is aggrieved by the non-inclusion of the particulars as to the existence of any well or the use of ground water for agricultural purposes in relation to any such land, or by the inclusion of incorrect particulars relating thereto, he shall make an application to the competent authority within such time and in such manner as may be prescribed for inclusion, or as the case may be, for modification of the particulars relating to such land as entered in the said register;

Provided that the competent authority may in its discretion, allow such further time as may be prescribed for making any such application, if it is satisfied that any owner or occupier referred to in this clause had sufficient cause for not making the application in time.

(b) Upon receipt of an application under clause (a), the competent authority shall after making such enquiry as he may deem fit, include or refuse to include or modify or refuse to modify the particulars relating to such land in the register.

(5) The competent authority shall, upon application made by the owner or the occupier of the land concerned furnish an extract relating to his land in respect of which entries have been made in the said register on payment of such fee as may be prescribed.

5. Licence for extraction, use or transport of ground water:- (1) Notwithstanding anything contained in any law for the time being in force and subject to the provisions of sub-sections (2) to (7) on and from the date of commencement of this Act:--

(a) no person shall extract or use ground water in the scheduled area for any purpose other than domestic purposes;

(b) no person shall transport ground water by means of any lorry, trailer or any other goods vehicle.

(2) If any person desires to--

(i) extract or use ground water in the scheduled area for any purpose other than domestic purposes; or

(ii) transport ground water by means of any lorry, trailer or any other goods vehicle, then, he shall make an application to the competent authority for the grant of a licence for such extraction, use or transport.

(3) Every application under sub-section (2) shall be made in such form and in such manner and within such period and shall contain such particulars as may be prescribed.

(4) On receipt of an application under sub-section (2), if the competent authority is satisfied that it shall be in the public interest so to do, it may--

(a) grant, on payment of such fees as may be prescribed and subject to such terms, conditions and restrictions as may be specified, a licence authorising---

(i) the extraction or use of ground water for any purpose other than domestic purposes; or

(ii) the transport of ground water by means of lorry, trailer or any other goods vehicle, or

(b) refuse to grant a licence;

Provided that no person shall be refused a licence unless he has been given an opportunity of being heard;

Provided further that where the competent authority to whom an application is made under sub-section (2), fails to inform the applicant of its decision on the application within a period of ninety days from the date of receipt of such application, the licence shall be deemed to have been granted to the applicant and such person shall, for the purposes of this Act, be deemed to be a holder of a licence.

(5) In granting or refusing a licence under this section, the competent authority shall have regard to---

(a) the purpose or purposes for which ground water is to be used;

(b) the existence of other competitive users;

(c) the availability of ground water;

(d) the effect on other sources of water supply;

(e) the compatibility with the existing water supply system;

(f) the availability of factors controlling or preventing pollution.

(6) The licence shall be in such form as may be prescribed.

(7) Notwithstanding anything contained in sub-sections (1) to (6)---

(i) every person extracting or using ground water in the scheduled area for any purpose other than domestic purposes, or

(ii) every person transporting ground water by means of any lorry, trailer or any other goods vehicle, immediately before the date of the commencement of this Act, may continue to extract, use or transport ground water for a period not exceeding ninety days from the said date:

Provided that such person has applied for a licence therefor under this section within a period of fifteen days from the said date.

Explanation---- For the purposes of this section, the expression "goods vehicle" shall have the same meaning assigned to it in section 2(8) of the Motor Vehicles Act, 1939 (Central Act IV of 1939).

6. Cancellation of permit or licence---- (1) If the competent authority is satisfied, either on a reference made to it in this behalf or otherwise, that -----

(a) any permit granted under sub-section (4) of section 3 or any licence granted under sub-section (4) of section 5 has been obtained by fraud or misrepresentation as to an essential fact; or

(b) a holder of a permit, or as the case may be, a licence, has failed to comply with or contravened any of the terms conditions and restrictions subject to which, the permit or licence has been granted or has contravened any of the provisions of this Act or the rules made under this Act,

then without prejudice to any other penalty to which such holder may be liable under this Act, the competent authority may after giving to such holder an opportunity of showing cause, by order cancel the permit or licence.

(2) On cancellation of the permit or licence under sub-section (1), the competent authority shall, by order, require the holder of the permit or licence, as the case may be, to close or seal off at his own cost the well concerned in such manner as the competent authority may specify in such order and the holder of such permit or licence shall comply with such order.

(3) Where any holder of a permit or licence fails to comply with any order made under sub-section (2), the competent authority may, after giving the holder of the permit or licence due notice in that behalf, enter upon the premises where the well is situate and close or seal off the well and the cost incurred therefor shall be recoverable from such holder of the permit or licence as an arrear of land revenue.

7. Exemption--- Nothing in this Act shall apply to----

(i) the Board or any officer of the said Board in the discharge of his duties or performance of his functions as an officer of such Board; and

(ii) any person extracting ground water from any well---

(a) without the aid of any pumpset; or

(b) with the aid of pumpset of capacity not exceeding 0.5 Horse Power in respect of any one well.

8. competent authority-- (1) The competent authority for the purpose of this Act shall be---

(a) in the City of Madras, the Board; and

(b) in relation to the villages specified in the Schedule, the Collector of Chengalpattu or any officer not below the rank of Tahsildar, authorised by the Government in this behalf.

(2) If the competent authority or any person duly authorised by it in this behalf has reason to believe that an offence under this Act has been, or is being, or likely to be, committed, the competent authority or the person so authorised may enter and inspect with such assistance as may be necessary at any time by day or by night, any place to satisfy itself or himself whether any of the provisions of this Act or the rules made under this Act or of any of the terms, conditions and restrictions, subject to which the permit or licence has been granted are contravened or otherwise not complied with.

9. Appeal:- (1) Any person aggrieved by an order made under this Act may, within such period and in such manner as may be prescribed appeal to such authority as the Government may, by notification specify in this behalf.

(2) In deciding the appeal, the authority specified under sub-section (1) shall follow such procedure as may be prescribed and the decision of such authority on such appeal shall be final and shall not be called in question in any court of law.

10. Offences and penalties-- (1) If any person contravenes, or fails to comply with any of the provisions of this Act or the rules made under this Act or of the terms, conditions and restrictions, subject to which the permit or licence has been granted, he shall be punished for the first offence with fine which may extend to five hundred rupees and for the second or any subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.

(2) Any person who after having been convicted of any offence under this Act, continues to commit the same offence shall be punished with a further fine which may extend to one hundred rupees for every day during which he continues so to offend after such conviction.

11. Offences by companies---(1) Where an offence punishable under this Act has been committed by a company every person who, at the time the offence was committed, was in charge of and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be denied to be guilty of the 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, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence 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.

Explanation--For the purposes of this section-----

(a) "company" means anybody corporate and includes a firm or other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.

12. Offences under this Act to be cognizable---(1) Any of offence punishable under this Act shall be a cognizable offence within the meaning of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

(2) No court shall take cognizance of any offence punishable under this Act, except upon a complaint in writing by the competent authority or an officer generally or specially authorised by the Government in this behalf.

13. Application of this Act to extraction and use of groundwater for agricultural purposes:-- (1) Sections 3 and 4 and so much of section 6 and of sections 10 to 12 as they relate to the contravention of the said section 3 shall apply to every person using ground water in the scheduled area for agricultural purposes immediately before the date of commencement of this Act and to the competent authority.

(2) Save as otherwise provided in sub-section (1) nothing contained in this Act shall apply to any person using ground water in the scheduled area for agricultural purposes immediately before the date of commencement of this Act.

14. Implementation of scheme for artificial recharge:-- Without prejudice to the foregoing provisions of this Act and with a view to ensure optimum utilisation of ground water and formation of hydraulic barrier against sea water intrusion, the Government shall issue instructions to the Board for implementing within such period as may be prescribed the scheme for artificial recharge of the Arani-Koratalaiyar basin with the excess flood water flowing into the sea by interlinking Arani and Kortalaiyar at two or more feasible points and also by constructing sufficient number of check dams at the appropriate places in the Kortalaiyar river course.

15. Power of Board to make regulations:-----With a view to prevent sea water intrusion, the Board shall make regulations for assessing scientifically, from time to time, the quantity of water which can be drawn from the Minjur, Duranallur-Panjetty and Tamaraipakkam-Kilanur Wellfields in the Arani-Kortalaiyar basin, the Poondi, Kortalaiyar Flood Plains and Kannigaipper aquifers and also Poonamallee-Porur aquifer in Cooum-Adayar basin and for fixing up the limits of the drawal of ground water by the Board;

Provided that no regulation shall have effect unless a draft of the regulations has been sent by the Board to the Government and the approval of the Government has been obtained therefor.

16. Protection of action taken in good faith:---- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act.

17. Other laws not affected:---- Save as otherwise provided in this Act, the provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force

18. Power to make rules:---- (1) The Government may make rules to carry out the purposes of this Act.

(2) (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the date on which they are published.

(3) Every rule made and every notification issued under this Act shall, as soon as possible after it is made or issued, be placed on the Table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such rule or notification or the Assembly decides that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice, to the validity of anything previously done under that rule or notification.

The following revenue villages, in the Chengalpattu District namely:--

S. Vadivelu

Commissioner and Secretary to Government,

Law Department

The following notification of Writ Register in the city of Madras and use of ground water under Rule 5(3) of the Madras Metropolitan Area Ground Water (Regulation Rules, 1988 is hereby published:--

WELL REGISTER UNDER RULE 5(3) OF THE MADRAS METROPOLITAN AREA GROUND WATER (REGULATION) RULES, 1988.

Well Register - Madras Metropolitan Ground Water (Regulation) Act 27 of 1987.

Statement showing numbers of existing wells in City of Madras and use of Groundwater.

R. SANTHANAM,

DEPUTY SECRETARY TO GOVERNMENT

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 5th July 1995 and is hereby published for general information:-

An Act to amend the Madras Metropolitan Area Groundwater (Regulation) Act 1987.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the forty sixth year of the Republic of India as follows

(By Order of the Governor)

M. MUNIRAMAN,

Secretary to Government, Law Department

Chennai Metropolitan Area Groundwater (Regulation) Rules 1988 - Amendment to Rules - Orders - issued.

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MUNICIPAL ADMINISTRATION AND WATER SUPPLY (METRO 2) DEPARTMENT

G.O.Ms.No.271 Dated: 6.11.87

1. G.O.Ms.No.78, Municipal Administration and Water Supply Department

dated 9.2.1988.

2. From the Chairperson and Managing Director, CMWSS Board, D.O.Letter

No.CMWSSB/O&M/Sr.Hg./129/87, dt.13.8.97.

---------

The appended Notification will be published in the Tamil Nadu Government Gazette.

(BY ORDER OF THE GOVERNOR)

S. MALATHI,

SECRETARY TO GOVERNMENT

To

The Works Manager, Government Central Press, Chennai-79

(for publication in the Tamil Nadu Government Gazette).

The Chairperson and Managing Director, CMWSS Board, Chennai-2

The Collector of Chennai, Chennai-5.

The Collector of Kancheepuram District and Thiruvallur District.

The Director General of Police, Chennai-4.

The Managing Director TWAD Board, Chennai-5.

The Project Director, Water Resources Management Study, Taramani, Chennai-112.

The Chief Engineer (GM), Chennai-5.

The Commissioner, Corporation of Chennai, Chennai.

The Special Commissioner and Commissioner for Revenue Administration, Chennai-5.

In exercise of the powers conferred by sub-section (1) of section 10 of the Chennai Metropolitan Area Ground Water (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987), the Governor of Tamil Nadu hereby makes the following amendments to the Chennai Metropolitan Area Ground Water (Regulation Rules, 1988.

In the said Rules,

(1) in rule 3, in sub-rule (1) for the expression "Form I", the following expression shall be substituted namely--

"Form I and shall be accompanied with a fee of two hundred and fifty rupees*

(2) in rule 4,

1. Short title:- These rules may be called the Madras Metropolitan Area Ground water (Regulation) Rules, 1988.

2. Definition:- In these rules, unless the context otherwise requires--

(a) "Act" means the Madras Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987).

(b) "form" means a Form appended to these rules;

(c) "Licence" means a licence for extraction, use or transport of ground water granted under section 5 of the Act;

(d) "permit" means a permit granted under section 3 of the Act to sink a well.

3. Application for permit to sink well:- (1) Every application under sub-section (2) of section 3 shall be made in Form I.

(2) A court fee stamp for the value of one rupee shall be affixed on every application made under this rule.

(3) The decision regarding the grant of refusal to grant of permit for sinking well shall be intimated to the applicant by the competent authority within ninety days from the date of receipt of the application.

(4) Every permit for sinking a well shall be in Form IV.

(5) The refusal of grant of permit by the competent authority shall be communicated i Form VII.

4. Application for licence to extract, use of transport of ground water-- (1) Every application under clauses (i) and (ii) of sub-section (2) of section 5 of the Act shall be made in Forms II and III respectively.

(2) A court fee stamp for the value of one rupee shall be affixed of every application made under this rule.

(3) Whenever the competent authority has decided to grant the licence, it shall send an intimation to that effect to the applicant and inform him to remit the fee specified in the Table below:-

(4) The licence fee specified in sub-rule (3) shall be paid for every financial year or part thereof.

(5) The licence fee shall be payable by the applicant into anyone of the branches of the State Bank of India to the credit of the Board and the counterfoil of the chalan shall be presented to the competent authority for grant of licence.

(6) Every licence for extraction or use of ground water for any purpose other than domestic purposes shall be in Form V.

(7) Every licence for the transport of ground water by means of a lorry, trailer or any other goods vehicle shall be in Form VI.

(8) Every licence under sub-rules (6) and (7) shall be valid for the financial y ear or part thereof. An application seeking renewal of the licence shall apply before ninety days of the expiry of the original licence and the provisions of rules applicable to grant of an original licence shall apply to the renewal of the licence.

(9) The refusal to grant licence by the competent authority shall be communicated in Form VIII or IX as the case may be.

5. Registration of existing wells and use of ground water in scheduled area:- The competent authority shall prepare and maintain a register showing the number of existing wells in the schedule area and the use of ground water in the scheduled a