Kerala Ground Water Control and Regulation Act, 2002

No: 19 Dated: Aug, 01 2002

THE KERALA GROUND WATER (CONTROL AND REGULATION) ACT, 2002

ACT 19 OF 2002

    An Act to provide for the conservation of ground water and for the regulation and control of its extraction and use in the State of Kerala.

    Premble. - Whereas it is expedient to provide for the conservation of Ground Water and for the regulation and control of its extraction and use in the State of Kerala;

    And Whereas in certain, areas of the State the tendency of indiscriminate extraction of Ground Water is continuing;

    And Whereas it is felt that the erratic extraction of ground water is found to result in undesired environmental problems in such areas;

    And Whereas the groundwater is a critical resource of the State;

    And Whereas it is considered necessary in the public interest to regulate and control any form of development of ground water in State of Kerala;

Be is enacted in the Fifty-third Year of the Republic of India as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Ground Water (Control and Regulation), Act, 2002.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force on such date as the Government may by notification in the Gazette, appoint:-

Provided that different dates may be appointed for different areas and for different provision of the Act and any reference in any such-provision to the commencement of this Act shall be constructed as a reference to the commencement of such provision.

2. Definition. - (1) In this Act, unless the context otherwise requires,

(a) "Authority" means "the State Ground Water Authority" constituted under subsection (1) of section 3 of this Act;

(b) "Government" means the Government of Kerala;

(c) "Ground Water" means the water which exist below the surface of the ground at any location or at any particular category of locations;

(d) "notified area" means the area notified under sub-section (1) of section 6 of this Act;

(e) "Prescribed" means prescribed by rules made under this Act;

(f) "pumping well" means a well fitted with-pump driven by an electric motor or oil engine for pumping water but does not include open wells fitted with pumps driven by engine or motor of Horse Power upto 1.5 and tube wells, borewells and dug-cum borewells fitted with pumps driven by engine or motor of Horse Power upto 3;

(g) "digging" with all its grammatical variations and synonyms, includes digging or drilling of new wells, putting in pipes or drilling making tunnels or increasing depth or diameter of the existing wells;

(h) "user of ground water" means any person using ground water from a pumping well for any purpose including domestic purpose;

(i) "Well" means any structure made on the surface of earth by any person other than officers authorized by State Government or Central Government, for the purpose of drawing ground water for search, development, use or management of ground water resources and-includes open well, dug well, borewell, dug-cum borewell; tube well, storage well, infiltration gallery, but shall not include open well or dug well used for domestic purposes.