Section 5 in The Chennai Metropolitan Area Groundwater (Regulation) Act, 1987
5. Licence for extraction, use or transport of groundwater.
(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 groundwater in the scheduled area for any purpose other than domestic purposes;(b)no person shall transport groundwater by means of any lorry, trailer or any other goods vehicle.(2)If any person desires to,-(i)extract or use groundwater in the scheduled area for any purpose other than domestic purposes; or(ii)transport groundwater 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 [and shall be accompanied by such fee not exceeding five thousand rupees as may be prescribed] [Added by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 1997 (Tamil Nadu Act 29 of 1997) with effect from 10th May 1997.].(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 groundwater for any purpose other than domestic purposes; or] [Substituted for the words 'on payment of such fee as may be prescribed' by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 1997 (Tamil Nadu Act 29 of 1997) with effect from 10th May 1997.](ii)the transport of groundwater 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 groundwater is to be used;(b)the existence of other competitive users;(c)the availability of groundwater and other sources of 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;(g)[ the quality of groundwater; [Clauses (g) to (k) were added by Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 2002 (Tamil Nadu Act 37 of 2002) with effect from 21st November 2002.](h)the objection from local residents against commercial extraction;(i)the availability of factors contributing to or causing pollution;(j)the measures taken for conservation of groundwater and harvesting of rain water and their maintenance;(k)such other matter as may be prescribed.](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 groundwater in the scheduled area for any purpose other than domestic purposes; or(ii)every per son transporting or using groundwater 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 groundwater 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 Now [Motor Vehicles Act, 1939] [Motor Vehicles Act, 1988 (Central Act 59 of 1988).].
