The Chennai Metropolitan Area Groundwater (Regulation) Amendment

ANNEXURE TO THE
CHENNAI METROPOLITAN AREA GROUND WATER (REGULATION) AMENDMENT BILL 2002

Existing Section	Section embodying the amendment
3: Grant of Permit to sink well in the scheduled area:- (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;	a) grant, subject to such terms, conditions and restrictions as may be specified, a permit authorising the sinking of well; "Provided that the competent authority while granting the permit may, after having regard to the hydrogeological conditions, water table conditions, ground water potential and yield of the aquifer, restrict the depth of the well; or
b) refuse to grant a permit:	No change

(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;

(d) the availability of ground water;

No change

(e) the existence of other sources of water other than wells and its compatability;

(f) the compatibility with the existing water resources;

(g) the factors that affect, control or prevent pollution;

(h) the possibility for rainwater harvesting and conservation;

(i) such other matter 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 groundwater in the scheduled area for agricultural purposes,

(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 or purposes for which 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.

(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-including 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 enferred 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 cause had sufficient cause for not making the application in time.

(a) the number of wells that were in existence in the scheduled area immediately before the date of commencement of this Act;

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

(d) the number of wells from which water is extracted for industries, automobile service centres, multipurpose halls and other commercial centres;

(e) the number of water sources both public and private.

No change

(vii) the details of the methods adopted for ground water conservation and rain water harvesting;

(viii) the quality of water with scientific evidence;

(ix) such other matter as may be prescribed.

(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, or any other person is aggrieved by the non-including 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, occupier or other person referred to in this cause had sufficient cause for not making the application in time.

4 (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. Licence for extraction use or transport of groundwater

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

a) the purpose or purposes for which groundwater is to be used

b) the existence of other competitive users

c) the availability of groundwater

d) the effect on other sources of water supply

e) the compatibility with existing water supply system

f) the availability of factors controlling or preventing pollution

4 (b) Upon receipt of an application under clause (a), the competent authority shall after making such enquiry as he may deem fit, pass an order in writing, within such time as may be prescribed, including or refusing to include or modifying or refusing to modify the particulars relating to such land in the register.

Provided that no order under this clause refusing to include or modify the particulars shall be passed unless the applicant has been given an opportunity of being heard.

No change

d) objection from the local residents against commercial extraction

No change

5A Prohibition of use of ground water in certain cases:- Not withstanding anything contained in this Act, no person shall,

(a) extract of ground water for use in swimming pool;

Provided that the competent authority may grant permission to any organisation including a Government department to extract ground water for use in swimming pools owned or maintained by such organisation for promoting sports;

(b) extract ground water for gardening purposes.

10. Offences and Penalties:-

(1) If any person contravencies or fails to comply with any other 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 be 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

If any person contravencies or fails to comply with any other 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 be extend to Two thousand 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 Five thousand rupees or with both.

(2) Any person who after having been convicted of any offence under this Act, continues to connect 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.

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

12. Offences under the Act to be cognizable:- (1) Any 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)	No change
(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.	No change
	12A Seizure and confiscation of property (1) The Government may appoint an officer not below the rank of ................... to be authorised officer to exercise the powers and perform the functions of the authorised officer under this section and sections 12B and 12G and different officers may be appointed as authorised officers for different areas.
	(2) Notwithstanding anything contained in this Act or in any other law for the time being in force, where an offence under this Act is believed to have been committed, the competent authority may seize any vehicle or other article including pump, tube, tool or equipment used in committing offence under this Act and shall without any unreasonable delay, produce the vehicle together with the articles so seized before the authorised officer.
	(3) Where any vehicle or other article is produced before the authorised officer under sub-section (2) and if he is satisfied that an offence under this Act has been committed, the authorised officer may, whether or not a prosecution is instituted for the commission of such offence, order confiscation of the vehicle or other articles so seized.
	(4) Where the authorised officer, after passing an order of confiscation under sub-section (3), is of the opinion that it is expedient in the public interest so to do, he may order the confiscated vehicle or other article to be sold by public auction.

(5) Where any confiscated property is sold under sub-section (4), and where the order of confiscation made under this section is set aside or annulled by an order under section 12C or section 12D, the proceeds of such sale, after deduction of the expenses of, or incidental to, such auction, shall be paid to the owner thereof or to the person from whom it was seized, as may be specified in such order.

12-B Issue of Show cause notice before confiscation:

(1) No order confiscating any vehicle or other article shall be made under section 12A except after notice in writing to the person from whom it is seized informing him of the grounds on which it is proposed to confiscate and considering his objections, if any,

Provided that no order confiscating a motor vehicle shall be made except after giving notice in writing to the registered owner thereof, if, in the opinion of the authorised officer, it is practicable to do so and considering his objections, if any

(2) Without prejudice tothe provisions of sub-section (1) no order confiscating any vehicle or other article shall be made under section 12A, if the owner of the vehicle or other article, proves to the satisfaction of the authorised officer that it was used in committing the offence under this Act without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the vehicle or other article and each of them had taken all reasonable and necessary precautions against such use.

	12C Revision: The Government may on its own motion or otherwise call for and examine the records of the authorised officer in respect of any order under section 12A, make such inquiry or cause such inquiry to be made and pass such orders, as they deem fit; Provided that no proceeding shall be initiated under this section against any order passed under section 12A, if the time for appeal against that order has not expired. Provided further that no order prejudicial to any person shall be passed under this section unless such person has been given an opportunity of making his representation and his representation is considered.
	12D Appeal:- Any person aggrieved by any order passed under Section 12A or 12C may within thirty days from the date of communication to him such order, appeal to the Sessions Judge having jurisdiction over the area wherein the property has been seized and the Sessions Judge shall pass such order as he may think fit, which shall be final and shall not be called in question in any court of law.
	12E Order of confiscation no bar for inflicting any punishment:- Any order of confiscation under section 12A or 12C or 12D shall not be a bar for inflicting any punishment to which the persons affecting thereby is liable under this Act.
	12F Property confiscated to vest with Government:- When an order confiscation of any property has been passed and such order has become final, every vehicle or other article confiscated under section 12A, or when sold under sub-section (4) of section 12A, the sale proceeds thereof shall vest with the Government.

12G Bar of Jurisdiction:-

Where any vehicle or other article is seized under Section 12A, notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or in any other law for the time being in force, the authorised officer under section 12A, or the Government under Section 12C or the Session Judge under section 12D alone have jurisdiction to pass orders in respect of custody, possession, delivery or disposal of such property and no court shall have such jurisdiction.

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-Kortaliar basin with excess flood water flowing into the Sea by interlinking Arani and kortaliyar at two or more feasible points and also by constructing sufficient no. of check dams at the appropriate places in the Kortaliyar river course.

(1) 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-Kortaliar basin with excess flood water flowing into the Sea by interlinking Arani and kortaliyar at two or more feasible points and also by constructing sufficient no. of check dams at the appropriate places in the Kortaliyar river course.

(2) Notwithstanding anything contained in any other law for the time being in force, to augment the ground water storage.

(a) in every building owned or maintained by the Government or a company or other institution owned or controlled by the Government, there shall be provision for rain water harvesting which shall be made in such manner and within such time as may be prescribed;

The Chennai Metropolitan Area Groundwater (Regulation) Amendment
Rules, 2002 for Amendment Act 2002

Existing Section (Act)

Section embodying the amendment (Rules)

Amendment made in the Act

4. Registration of existing wells and use of ground water in scheduled area Sub-Section (4) Paragraph (b)

Upon receipt of an application under clause (a), the competent authority shall after making such enquiry as he may deem fit, pass an order in writing, within such time as may be prescribed, including or refusing to include or modifying or refusing to modify the particulars relating to such land in the register.

4. Registration of existing wells and use of ground water in scheduled area

Section 5 (4)(a)

Any request by the aggrieved land owner or occupier for non-onclusion in the Register of wells or the use of ground water for agricultural purposes in relation to any such land or for modification of the particulars as entered in the Register of wells shall be made to the competent authority in Form XI.

The competent authority shall issue an order within 30 days from the date of receipt of the application from the applicant.

14. Implementation of Scheme for Artificial Recharge

( a) in every building owned or maintained by the Government or a company or other institution owned or controlled by the Government, there shall be provision for rain water harvesting which shall be made in such manner and within such time as may be pescribed,

Section 8

Implementation of Scheme for Artificial Recharge

(a) In every building owned or maintained by the Government or a company or other institution owned or controlled by the Government, there shall be provision for rain water harvesting within one year from the date of commencement of the Amendment Act 2002 in the following manner..

1. Roof top harvesting may be practised wherever a storage tank or an open well or a bore well is available in the building irrespective of the nature of sub-soil conditions.

2. Surface run-off water from the open spaces around the buildings may be (and also in parks and playgrounds) harvested using appropriate recharge structures based on the nature of the sub-soil conditions.

Existing Section (Act)

Section embodying the amendment (Rules)

I. Roof-top Harvesting:

(a) Direct Collection:

Rain water from the roof of the buildings such as tiled/slope roof and flat/RCC roof may be collected using appropriate size of gutters or PVC pipe lines respectively and stored either in a collection tank or storage tank of appropriate size placed over the ground or underground after proper filtering. Provision of a filter chamber of appropriate size is necessary to filter the dust particles usually present in the roof-tops of the buildings. Suitable filter material such as well-burnt broken bricks or coarse sand or small sized pebbles or blue metal gravels (baby chips) may be used in the filter chamber. The surplus water available after filling the storage tank/sump has to be diverted to the nearby open well or bore well or recharge pits. Proper disinfection has to be done while storing the water for long use.

(b) Recharging the open well/bore well:

As mentioned above, the rain water collected from the roof tops of both tiled/sloped roof and flat/RCC roofs using gutters or PVC pipe lines may be diverted to the open well or bore well through a filter chamber of appropriate size. Regular disinfection methods has to be practised while harvesting rain water in open wells.

Existing Section (Act)	Section embodying the amendment (Rules)
	II. Harvesting surface run-off water: Apart from the roof-top water, the rain water available in the open spaces around the buildings and in places/buildings where a sump or open well or bore well is not available the rain water may be harvested and recharged into the ground using appropriate recharge structures based on the nature of the sub-soil conditions as mentioned below:
	(a) Sandy sub-soil areas: In places where the sub-soil formation is sandy in nature the rate of percolation of rain water will be more and therefore provision of shallow recharge structures such as Percolation/Recharge pits, recharge trenches or shallow recharge wells are considered to be suitable for Rain Water Harvesting (RWH). Percolation/recharge pits are small excavations made around the buildings with minimum size of 1m x 1m x 1m and filled with permeable medium such as broken bricks or pebbles or coarse sand, etc. The number of these pits may vary based on the extent of the area of water collection. On an average one unit may be required for an area of 250 sq. ft. These structures are suitable for individuals houses in general.
	Recharge trenches are similar to the percolation/recharge pits in all respects except they are longitudinal in shape. These structures are suitable for apartment/commercial complexes where the availability of rain water is more. Based on the extent of the building two or three structures have to be provided.

Existing Section (Act)

Section embodying the amendment (Rules)

Shallow recharge wells are similar to the common open wells except in size and depth. Normally, for an individual house with 1000 sq.ft. area, a recharge well with 1.0m dia and 3.0m dia depth would be required. For apartments / commercial complexes two or three recharge wells would be required based on the extent of the building. Either brick wall or RCC concrete rings may be used for construction. The top of the recharge well should be covered with RCC slab. Recharge wells have to be desilted once in a year or two for its effective recharge. Rain water from the buildings and open surfaces has to be diverted to these recharge structures through PVC pipe line or by providing channels on the ground. These structures have to be maintained properly for effective recharge.

(b) Clay sub-soil areas

In places where the sub-soil formation is clay in nature the rate of percolation of rain water will be very slow and therefore provision of percolation/recharge pit with bore, recharge trench with bore or deep recharge well are considered to be suitable for RWH.

Existing Section (Act)	Section embodying the amendment (Rules)
	Percolation / Recharge Pit with bore It is similar to the one mentioned in sandy sub-soil formation except a bore hole has to be provided at the bottom of the percolation pit which is also filled with the same permeable materials. A minimum size of 4½ inch dia and 15 feet depth is normally required for one pit. However, if sand formation is available below the top clay layer, the bore has to be drilled preferably upto the sand formation. These structures are suitable for individual houses in general. The number of these pits may vary based on the extent of the area of water collection. On an average one unit may be required for an area of 250 sq. ft. These structures are suitable for individuals houses in general.
	Recharge Trench with Bore: These are similar to the recharge pits but are longitudinal in shape and bore holes have to be provided at the bottom for every 10-15 feet of the trench. The trench and bore hole have to be filled with the same permeable materials as mentioned earlier. These structures are suitable for apartments / commercial complexes where the availability of rain water is more.
	Deep / large Recharge wells They are similar to the common open wells except in size and depth and considered suitable for apartment / commercial complexes. In general, a recharge well with 1.5m dia and 5.0m depth would be required for a small apartment. Either brick wall or RCC concrete rings may be used for construction. The top of the recharge well has to be covered with RCC slab. The recharge wells have to be de-silted once in a year or two for effective recharge. Rain water from the buildings and open surfaces has to be diverted to these recharge structures through PVC pipe line or by providing channels on the ground. These structures have to be maintained properly for effective recharge.

Existing Section (Act)	Section embodying the amendment (Rules)
	Hard Rock areas (weathered) In hard rock areas also, the rate of percolation of rain water will be slow. Therefore, in order to collect and recharge the rain water it would be preferable to construct recharge wells of appropriate size as mentioned earlier. Percolation pits with deep bore holes upto a depth of 50-100 feet may also be considered. In this case, the bore hole to be constructed with slotted pipe for effective recharge. In general, construction of separate recharge structures may be considered in the absence of existing infrastructures such as storage tank/sump, open well or bore well in order to reduce the cost involved.
(b) on or after the commencement of the Chennai Metropolitan Area Ground water (Regulation) Amendment Act, 2002, every person who constructs a building, whether for residential or non-residential purpose, shall provide rainwater harvesting structures in such manner as may be prescribed.	(b) on or after the commencement of the Chennai Metropolitan Area Ground water (Regulation) Amendment Act, 2002, every person who constructs a building, whether for residential or non-residential purpose, shall provide rainwater harvesting structures within one year from the date of commencement of the Amendment Act 2002 in the following manner.
	1. Roof top harvesting may be practised wherever a storage tank or an open well or a bore well is available in the building irrespective of the nature of sub-soil conditions. 2. Surface run-off water from the open spaces around the buildings may be (and also in parks and playgrounds) harvested using appropriate recharge structures based on the nature of the sub-soil conditions.

Existing Section (Act)

Section embodying the amendment (Rules)

I. Roof-top Harvesting:

(a) Direct Collection:

(b) Recharging the open well/bore well:

Existing Section (Act)	Section embodying the amendment (Rules)
	II. Harvesting surface run-off water: Apart from the roof-top water, the rain water available in the open spaces around the buildings and in places/buildings where a sump or open well or bore well is not available the rain water may be harvested and recharged into the ground using appropriate recharge structures based on the nature of the sub-soil conditions as mentioned below:
	(a) Sandy sub-soil areas: In places where the sub-soil formation is sandy in nature the rate of percolation of rain water will be more and therefore provision of shallow recharge structures such as Percolation/Recharge pits, recharge trenches or shallow recharge wells are considered to be suitable for Rain Water Harvesting (RWH). Percolation/recharge pits are small excavations made around the buildings with minimum size of 1m x 1m x 1m and filled with permeable medium such as broken bricks or pebbles or coarse sand, etc. The number of these pits may vary based on the extent of the area of water collection. On an average one unit may be required for an area of 250 sq. ft. These structures are suitable for individuals houses in general.
	Recharge trenches are similar to the percolation/recharge pits in all respects except they are longitudinal in shape. These structures are suitable for apartment/commercial complexes where the availability of rain water is more. Based on the extent of the building two or three structures have to be provided.

Existing Section (Act)	Section embodying the amendment (Rules)
	Shallow recharge wells are similar to the common open wells except in size and depth. Normally, for an individual house with 1000 sq.ft. area, a recharge well with 1.0m dia and 3.0m dia depth would be required. For apartments / commercial complexes two or three recharge wells would be required based on the extent of the building. Either brick wall or RCC concrete rings may be used for construction. The top of the recharge well should be covered with RCC slab. Recharge wells have to be desilted once in a year or two for its effective recharge. Rain water from the buildings and open surfaces has to be diverted to these recharge structures through PVC pipe line or by providing channels on the ground. These structures have to be maintained properly for effective recharge.
	(b) Clay sub-soil areas In places where the sub-soil formation is clay in nature the rate of percolation of rain water will be very slow and therefore provision of percolation/recharge pit with bore, recharge trench with bore or deep recharge well are considered to be suitable for RWH.
	Percolation / Recharge Pit with bore It is similar to the one mentioned in sandy sub-soil formation except a bore hole has to be provided at the bottom of the percolation pit which is also filled with the same permeable materials. A minimum size of 4½ inch dia and 15 feet depth is normally required for one pit. However, if sand formation is available below the top clay layer, the bore has to be drilled preferably upto the sand formation. These structures are suitable for individual houses in general. The number of these pits may vary based on the extent of the area of water collection. On an average one unit may be required for an area of 250 sq. ft. These structures are suitable for individuals houses in general.

Existing Section (Act)	Section embodying the amendment (Rules)
	Recharge Trench with Bore: These are similar to the recharge pits but are longitudinal in shape and bore holes have to be provided at the bottom for every 10-15 feet of the trench. The trench and bore hole have to be filled with the same permeable materials as mentioned earlier. These structures are suitable for apartments / commercial complexes where the availability of rain water is more.
	Deep / large Recharge wells They are similar to the common open wells except in size and depth and considered suitable for apartment / commercial complexes. In general, a recharge well with 1.5m dia and 5.0m depth would be required for a small apartment. Either brick wall or RCC concrete rings may be used for construction. The top of the recharge well has to be covered with RCC slab. The recharge wells have to be de-silted once in a year or two for effective recharge. Rain water from the buildings and open surfaces has to be diverted to these recharge structures through PVC pipe line or by providing channels on the ground. These structures have to be maintained properly for effective recharge.
	Hard Rock areas (weathered) In hard rock areas also, the rate of percolation of rain water will be slow. Therefore, in order to collect and recharge the rain water it would be preferable to construct recharge wells of appropriate size as mentioned earlier. Percolation pits with deep bore holes upto a depth of 50-100 feet may also be considered. In this case, the bore hole to be constructed with slotted pipe for effective recharge. In general, construction of separate recharge structures may be considered in the absence of existing infrastructures such as storage tank/sump, open well or bore well in order to reduce the cost involved.

Existing Section (Act)	Section embodying the amendment (Rules)
(c) the owner or occupier of any building in existence on the date of commencement of the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 2002 shall provide rainwater harvesting structures in such buildings in such manner and within such period as may be prescribed.	(c) The owners of the existing buildings in Chennai and in the scheduled villages of the Act shall implement Rainwater Harvesting within one year from the date of commencement of the Amendment Act 2002 in the following manner:.
	1. Roof top harvesting may be practised wherever a storage tank or an open well or a bore well is available in the building irrespective of the nature of sub-soil conditions. 2. Surface run-off water from the open spaces around the buildings may be (and also in parks and playgrounds) harvested using appropriate recharge structures based on the nature of the sub-soil conditions.
	I. Roof-top Harvesting: (a) Direct Collection: Rain water from the roof of the buildings such as tiled/slope roof and flat/RCC roof may be collected using appropriate size of gutters or PVC pipe lines respectively and stored either in a collection tank or storage tank of appropriate size placed over the ground or underground after proper filtering. Provision of a filter chamber of appropriate size is necessary to filter the dust particles usually present in the roof-tops of the buildings. Suitable filter material such as well-burnt broken bricks or coarse sand or small sized pebbles or blue metal gravels (baby chips) may be used in the filter chamber. The surplus water available after filling the storage tank/sump has to be diverted to the nearby open well or bore well or recharge pits. Proper disinfection has to be done while storing the water for long use.

Existing Section (Act)	Section embodying the amendment (Rules)
	(b) Recharging the open well/bore well: As mentioned above, the rain water collected from the roof tops of both tiled/sloped roof and flat/RCC roofs using gutters or PVC pipe lines may be diverted to the open well or bore well through a filter chamber of appropriate size. Regular disinfection methods has to be practised while harvesting rain water in open wells.
	II. Harvesting surface run-off water: Apart from the roof-top water, the rain water available in the open spaces around the buildings and in places/buildings where a sump or open well or bore well is not available the rain water may be harvested and recharged into the ground using appropriate recharge structures based on the nature of the sub-soil conditions as mentioned below:
	(a) Sandy sub-soil areas: In places where the sub-soil formation is sandy in nature the rate of percolation of rain water will be more and therefore provision of shallow recharge structures such as Percolation/Recharge pits, recharge trenches or shallow recharge wells are considered to be suitable for Rain Water Harvesting (RWH). Percolation/recharge pits are small excavations made around the buildings with minimum size of 1m x 1m x 1m and filled with permeable medium such as broken bricks or pebbles or coarse sand, etc. The number of these pits may vary based on the extent of the area of water collection. On an average one unit may be required for an area of 250 sq. ft. These structures are suitable for individuals houses in general.

Existing Section (Act)	Section embodying the amendment (Rules)
	Recharge trenches are similar to the percolation/recharge pits in all respects except they are longitudinal in shape. These structures are suitable for apartment/commercial complexes where the availability of rain water is more. Based on the extent of the building two or three structures have to be provided.
	Shallow recharge wells are similar to the common open wells except in size and depth. Normally, for an individual house with 1000 sq.ft. area, a recharge well with 1.0m dia and 3.0m dia depth would be required. For apartments / commercial complexes two or three recharge wells would be required based on the extent of the building. Either brick wall or RCC concrete rings may be used for construction. The top of the recharge well should be covered with RCC slab. Recharge wells have to be desilted once in a year or two for its effective recharge. Rain water from the buildings and open surfaces has to be diverted to these recharge structures through PVC pipe line or by providing channels on the ground. These structures have to be maintained properly for effective recharge.
	(b) Clay sub-soil areas In places where the sub-soil formation is clay in nature the rate of percolation of rain water will be very slow and therefore provision of percolation/recharge pit with bore, recharge trench with bore or deep recharge well are considered to be suitable for RWH.

Existing Section (Act)	Section embodying the amendment (Rules)
	Percolation / Recharge Pit with bore It is similar to the one mentioned in sandy sub-soil formation except a bore hole has to be provided at the bottom of the percolation pit which is also filled with the same permeable materials. A minimum size of 4½ inch dia and 15 feet depth is normally required for one pit. However, if sand formation is available below the top clay layer, the bore has to be drilled preferably upto the sand formation. These structures are suitable for individual houses in general. The number of these pits may vary based on the extent of the area of water collection. On an average one unit may be required for an area of 250 sq. ft. These structures are suitable for individuals houses in general.
	Recharge Trench with Bore: These are similar to the recharge pits but are longitudinal in shape and bore holes have to be provided at the bottom for every 10-15 feet of the trench. The trench and bore hole have to be filled with the same permeable materials as mentioned earlier. These structures are suitable for apartments / commercial complexes where the availability of rain water is more.
	Deep / large Recharge wells They are similar to the common open wells except in size and depth and considered suitable for apartment / commercial complexes. In general, a recharge well with 1.5m dia and 5.0m depth would be required for a small apartment. Either brick wall or RCC concrete rings may be used for construction. The top of the recharge well has to be covered with RCC slab. The recharge wells have to be de-silted once in a year or two for effective recharge. Rain water from the buildings and open surfaces has to be diverted to these recharge structures through PVC pipe line or by providing channels on the ground. These structures have to be maintained properly for effective recharge.

Existing Section (Act)

Section embodying the amendment (Rules)

Hard Rock areas (weathered)

In hard rock areas also, the rate of percolation of rain water will be slow. Therefore, in order to collect and recharge the rain water it would be preferable to construct recharge wells of appropriate size as mentioned earlier. Percolation pits with deep bore holes upto a depth of 50-100 feet may also be considered. In this case, the bore hole to be constructed with slotted pipe for effective recharge.

In general, construction of separate recharge structures may be considered in the absence of existing infrastructures such as storage tank/sump, open well or bore well in order to reduce the cost involved.