Section 7 in West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005
7. Sinking of wells for extracting or using ground water on and from date of coming into force of Act.
(1)On and from the date of coming into force of the Act, no user shall sink any well for extracting or using ground water without obtaining a permit issued by the State Level Authority or the District Level Authority or the Corporation Level Authority, as the case may be, as stated in sub-section (3), sub-section (4) or sub-- section (5), in such Form as may be prescribed:Provided that where any user extracting or using ground water for irrigation or domestic purposes, sinks-(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, such user may sink tube-well or hand-pump or well, as the case may be, without obtaining a permit of the concerned authority as provided in this section:Provided further that where the State Government is of the opinion that the sinking of any well or category of wells for extracting or using ground water 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)Any user desiring to sink a well for any purpose other than the purposes as stated in the first proviso to sub-section (1) shall make an application in such Form and on payment of such fees, as may be prescribed, to the State Level Authority or the District Level Authority or the Corporation Level Authority, as the case may be, for obtaining a permit as stated in sub-section (1).(3)(a)The District Level Authority shall, on receipt of any application as stated in sub-section (2) 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 permit may be issued to the applicant for sinking such well.(b)The District Level Authority shall have power to issue a permit for sinking a well 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 sinking a well for the purpose of 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 reference to its proposed use, longterm 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)The Corporation Level Authority shall, on receipt of the application as stated in sub-section (2) 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 permit may be issued to the applicant for sinking such well.(b)The Corporation Level Authority shall have power to issue a permit for sinking a well 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 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, longterm 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.(5)(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 permit of sinking a well for the purpose of 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 permit, subject to such conditions or restrictions as may be specified therein:Provided that the State Level Authority may, for reasons to be recorded in writing, refuse to grant any such permit 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 permit 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. If such an application is not disposed of within a period of four months as aforesaid, it shall be deemed to have been granted by the State Level Authority.
