Section 8 in West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005
8. Extracting or using ground water before date of coming into force of Act.
(1)Any user who has sunk a well for extracting or using ground water in an area before the date of coming into force of the Act shall make an application, within such period, in such Form and in such manner, as may be prescribed, to the District Level Authority of such area or the Corporation Level Authority of such area, as the case may be, for obtaining a certificate of registration authorising such user the extraction or use of ground water:Provided that where any user has sunk -(a)any tube-well or hand-pump; or(b)any well from which such extraction or use is made without the help of any mechanical or electrical devices, for extracting or using ground water before the date of coming into force of the Act for irrigation or domestic purposes, such user may continue to use such tube-well or hand-pump or well, as the case may be, without obtaining a certificate of registration from the concerned authority as provided in this section:Provided further that where the State Government is of the opinion that the extracting or using of ground water from any well or category of wells is necessary for the public interest, the State Government may, by notification, exempt such well or category of wells from the purview of this section.(2)(a)The District Level Authority shall, on receipt of any application as stated in sub-section (1) within its jurisdiction, scrutinize the application in terms of the assessment of the ground water balance, quality and quantity of ground water available in the locality made by the State Water Investigation Directorate and consider whether a certificate of registration may be issued to the applicant for authorising such user the extraction or use of ground water.(b)The District Level Authority shall have power to issue a certificate of registration for extraction or use of ground water at the rate not exceeding 50 cubic metre per hour from each well under intimation to the State Level Authority.(c)The application for the purpose of issuing of certificate of registration with a view to authorising the applicant extracting or using ground water exceeding 50 cubic metre per hour shall be forwarded to the State Level Authority within a period of one month of receipt of such application alongwith the observations and suggestions after assessing the prevailing ground water condition in or around the locality, quality and quantity of ground water available with regerence to its proposed use, long-term ground water behaviour in the locality, probable projections of recharge of ground water in near future with the probable drawal of the existing sources, rainfall projection or any other matter as it considers necessary.(3)(a)The Corporation Level Authority shall, on receipt of the application as stated in sub-section (1) within its jurisdiction, scrutinize the application in terms of assessment of ground water balance, quality and quantity of ground water available in the locality made by the State Water Investigation Directorate and consider whether a certificate of registration may be issued to the applicant for authorising such user the extraction or use of ground water.(b)The Corporation Level Authority shall have power to issue a certificate of registration for extraction or use of ground water at the rate not exceeding 100 cubic metre per hour from each well under intimation to the State Level Authority.(c)The application for the purpose of issuing of certificate of registration with a view to authorising the applicant for sinking a well for the purpose of extracting or using ground water exceeding 100 cubic metre per hour, shall be forwarded to the State Level Authority within a period of one month of receipt of such application alongwith the observations and suggestions after assessing the prevailing ground water condition in or around the locality, quality and quantity of ground water available with reference to its proposed use, long-term ground water behaviour in the locality, probable projections of recharge of ground water in near future with the probable drawal of the existing sources, rainfall projection or any other matter as it considers necessary.(4)(a)On receipt of an application forwarded by the District Level Authority or the Corporation Level Authority, as the case may be, for issuing of a certificate of registration for the purpose of authorising the applicant extracting or using ground water exceeding 50 cubic metre per hour or 100 cubic metre per hour, as the case may be, the State Level Authority may, if it is satisfied that it is necessary so to do in the public interest, grant a certificate of registration, subject to such conditions or restictions as may be specified therein:Provided that the State Level Authority may, for reasons to be recorded in writing, refuse to grant any such certificate of registration after giving the applicant an opportunity of being heard by itself, or by authorising the District Level Authority or the Corporation Level Authority, as the case may be, to give the applicant an opportunity of being heard and convey its recommendations to the State Level Authority, for the purpose of disposal of such application.(b)Any decision regarding grant or refusal of certificate of registration by the State Level Authority shall be intimated to the applicant within a period of four months from the date of receipt of the application by the District Level Authority or the Corporation Level Authority, as the case may be.
