Section 14 in Uttar Pradesh Ground Water (Management and Regulation) Act, 2019
14. Grant of Authorisation for Ground Water abstraction in Non-notified Areas.
- Any person or class of persons or institution or agency or establishment desiring to sink a well for the purpose of abstraction of ground water for commercial, industrial, infrastructural or bulk use in the non-notified area shall apply to the respective District Ground Water Management Council for No-Objection Certificate for this purpose. The procedure, time-limit, forms, application, fee, etc. and various provisions, terms and conditions for the No-objection certificate shall be such as may be prescribed:Provided that the pre existing user of ground water shall apply for the issue of authorisation certificate therefore under this section within a period of ninety days from the date of commencement of this Act:Provided further that-(a)the terms and conditions shall include but are not restricted to,-i. the maximum quantity of water that shall be allowed for extraction;ii. precautions to prevent any contamination of ground water by mandating existing pollution control standards and measures;iii. details of conservation measures, including rainwater harvesting, to be taken;iv. ground water recharging measures as per the hydro-geological feasibility;v. recycling of a prescribed proportion of the extracted ground water for the use;vi. treating wastewater to bring it to prescribed standards before it is discharged;vii. adopting and practising the most efficient water use practices and technology;(b)the authorisation/No-objection granted for a specified purpose shall not be used for any purpose other than that for which it has been granted;(c)the holder of authorisation certificate/No-objection certificate shall be prohibited from selling, by whatever name or form, ground water extracted under the authorisation to someone else for commercial use and/or gain;(d)such new users after getting authorisation/No-objection certificate for abstraction and use of ground water for desired purpose shall ensure that they shall have to obtain certificate of registration from the respective District Ground Water Management Council after the construction of the well is completed in such manner as may be prescribed;(e)(i)District Ground Water Management Council may cancel the authorisation/No-objection certificate in case of,non-compliance of the terms and conditions of the authorisation/No-objection certificate;Provided that the District Ground Water Management Council concerned shall give the holder of authorisation certificate/No-objection certificate an opportunity of being heard before cancelling such certificate;(ii)Authorisation certificate/No-objection certificate issued under this section shall be in alienable. However, such certificate, granted to an individual, shall be inherited by his or her legal heirs and shall continue to be valid for the remaining period as long as the legal heirs continue the activities done by the deceased holder of such certificate. However, on transfer of the property for the benefit for which such certificate was granted, the authorisation certificate/No-objection certificate shall continue to be valid so long as the nature of the activity continues unaltered by the new owner;(iii)The authorisation certificate/No-objection certificate shall be valid for such period as fixed in the certificate;(iv)Where the validity of the authorisation certificate/No-objection certificate has expired, the holder of such certificate shall apply afresh for continuation thereof.
