Assam Ground Water Control and Regulation Act, 2012
No: 16 Dated: May, 19 2012
THE ASSAM GROUND WATER CONTROL AND REGULATION ACT, 2012
ASSAM ACT NO. XVI OF 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:
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement:- (1) This Act may be called the Assam Ground Water Control and Regulation Act, 2012.
(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.
2. Definitions:- 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-today 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;
(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.