Goa Ground Water Regulation (Amendment) Rules, 2012

OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 19TH APRIL, 2012 29 Provided that the Central Government may, by notification, increase the said capital up to an amount that it may deem necesary from time to time.”. 3. Amendment of section 6.— In section 6 of the principal Act,— (a) in sub-section (1), after clause (a), the following clause shall be inserted, namely:— “(aa) two whole-time directors appointed by the Central Government;”; (b) in sub-sections (2), (3), (4) and (5), after the words “the managing director” wherever they occur, the words “or the whole-time director” shall be inserted. 4. Amendment of section 8.— In section 8 of the principal Act, in the proviso, after the words “the managing director”, the words “or the whole-time director” shall be inserted. ——— ——— Department of Water Resources Office of the Chief Engineer Notification 4/4/EO-WRD/2012-13/28 In exercise of the powers conferred by sub-section (1) of section 4 of the Goa Ground Water Regulation Act, 2002 (Goa Act 1 of 2002), and in supersession of the Government Notification No. 4/4/EO-WRD/421 dated 05-11-2007, published in the Official Gazette, Extraordinary No. 2, Series I No. 31 dated 06-11-2007 and also published in the Official Gazette, Extraordinary, Series I No. 33 dated 15-11-2007, the Government of Goa, in consultation with the Goa Ground Water Cell, hereby declares the entire area of the State of Goa as Scheduled area. This Notification shall come into force with immediate effect. By order and in the name of the Governor of Goa. S. T. Nadkarni, Chief Engineer & ex officio Additional Secretary. Panaji, 13th April, 2012. Notification 4/1/EO-WRD/2012-13/25 In exercise of the powers conferred by section 26 of the Goa Ground Water Regulation Act, 2002 (Goa Act 1 of 2002), the Government of Goa hereby makes the following rules so as to further amend the Goa Ground Water Regulation Rules, 2003, namely:— 1. Short title and commencement.— (1) These rules may be called the Goa Ground Water Regulation (Amendment) Rules, 2012. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Amendment of rule 2.— In rule 2 of the Goa Ground Water Regulation Rules, 2003 (hereinafter referred to as the “principal Rules”) after clause (a), the following clauses shall be inserted, namely:— “(aa) “drilling agency” means any person or any agency involved in sinking of well and who owns drilling rig or machine to sink a well to extract ground water for any use; including Government/Semi Government agency; (ab) “drilling machine or rig” means any mechanical implement or machine or tool used for sinking and construction of a well;”. 3. Amendment of rule 3.— In rule 3 of the principal Rules, after sub-rule (5), the following sub-rules shall be inserted, namely:— 6(a) The owner of the land/premises who intend to sink bore well/tube well or any other well must intimate in writing at least 15 days in advance to the Ground Water Officer about the date of commencement of sinking well and type of drilling machine to be used and the name and complete address of the drilling agency. The drilling agency should be registered with the Water Resources Department. OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 19TH APRIL, 2012 30 (b) There shall be erected signboard near well at the time of sinking/construction of well with the following details:— (i) Complete address of the drilling agency at the time of sinking or construction/rehabilitation of well. (ii) Complete address of the user agency/owner of the well. (c) Barbed wire fencing or any other suitable barrier shall be erected around the well during construction/sinking of well. (d) Cement/concrete platform measuring 0.50 x 0.50 x 0.60 meter (0.30 meter above ground level and 0.30 meter below ground level) shall be constructed around the well casing. (e) On completion of drilling/construction/ /sinking of bore well/tube well, well assembly shall be capped by welding of steel plates or by providing a strong cap to be fixed to the casing pipe with bolts and nuts. When pump is removed for repair, bore well/tube well should be caped. (f) Mud pits and channels shall be filled after completion of works. (g) If the bore well or tube well is abandoned at particular location, the ground condition should be restored as before the start of drilling by filling up the drilled hole with drill cuttings, clay, mud, boulders, pebbles, sand, etc. In case of rotary drilling, mud pits and channels should be closed. A certificate shall be obtained from Ground Water Officer that the “Abandoned” bore well/tube well is properly filled upto the ground level. (h) The District Collector shall verify that the provisions of this sub-rule are being followed and proper monitoring check about the status of bore holes/tube wells are being taken care through the concerned State agencies. (i) In rural areas, the monitoring of the above shall be done by village Sarpanch and Zonal Agricultural Officer/Assistant Agricultural Officer and in urban areas such monitoring shall be done by Junior Engineer of Department of Water Resources and Ground Water Officer. (7) (a) The drilling agency shall apply to the Ground Water Officer for registration of its name in Form XII hereto alongwith fee of Rs. 2000/-. (b) No drilling agency shall sink a well unless it has obtained a certificate of registration in this behalf from the Ground Water Officer. Any agency desires of sinking a well shall apply in Form XII hereto to the Ground Water Officer for registration and shall not proceed with any activity connected with sinking of well unless it is granted a certificate of registration by the Ground Water Officer. (c) On receipt of abovesaid application, the Ground Water Officer if satisfied, he may grant a certificate of registration, subject to such conditions and restrictions as he may deem fit to impose or he may refuse the same: Provided that no drilling agency shall be refused a certificate of registration unless it has been given an opportunity of being heard. (d) The decision regarding the grant or refusal of the certificate of registration shall be intimated by Ground Water Officer to the applicant within a period of 90 days from the date of the receipt of application. Where it is not possible for the Ground Water Officer to grant a certificate of registration, the Ground Water Officer shall intimate the reasons therefor to the agency so that the agency may make a fresh application after curing the defects, if any, specified therein. OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 19TH APRIL, 2012 31 (e) In granting or refusing a certificate of registration the Ground Water Officer shall have regard to the date of manufacture of the drilling rig and other relevant factors. (f) The certificate of registration of drilling agency shall be valid for a maximum period of five years from the date of issue of the certificate of registration. The registration can however be renewed for further period of five years, at each time, on payment of renewal fee of Rs. 1000/-. (g) The drilling agency shall apply for renewal in Form XII hereto alongwith all documents so as to reach the Ground Water Officer at least two months before expiry of his registration. (h) The renewal application with all documents shall however be accepted upto the date of expiry of registration with late fee, which shall be 50% of the normal renewal fees. (i) For delay beyond the date of expiry of registration, the existing registration shall be treated as cancelled and the drilling agency shall apply for fresh registration along with registration fee. 4. Insertion of new Form XII.— After Form XI appended to the principal Rules, the following Form shall be inserted, namely:— FORM XII [See rule 3(7)] WATER RESOURCES DEPARTMENT GOVERNMENT OF GOA Application for registration/renewal of registration of drilling agency (1) Name of the Drilling Agency ..................................... ............................................................................................. ............................................................................................. (2) Nationality Indian …...........…. Other ……...........… (3) Address (a) Regd. Office .................................................................. ............................................................................................... .............................................................................................. (b) Head Office ..................................................................... ................................................................................................. ................................................................................................. (4) Telephone Number .................. Fax No. ...................... (5) Nature of Registration New/Renewal (6) If Renewal, reference to original registration (7) The Applicant shall produce valid documents of “Drilling Unit” such as purchase voucher or agreement of hiring drilling unit in the name of Agency having following details:— (a) Type of drilling rig: (b) Make of drilling rig: (c) Date of Manufacture: (d) Capacity of the Compressor/ /Engine: (e) Maximum depth to which the drilling rig can drill: (f) Name and address of Engineer /Geologists that supervises drilling operation: DECLARATION I, hereby declare that the above particulars are true to the best of my knowledge. Signature of the Applicant with date INSTRUCTIONS (1) This application shall be submitted in duplicate to the Ground Water Officer, Ground Water Cell (North/South), Water Resources Department, Government of Goa or any other Officer authorized by him to receive such application. It may be sent by hand, presented personally or sent by post. (2) Incomplete applications and applications not received in the prescribed form are liable to be summarily rejected. OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 19TH APRIL, 2012 32 ACKNOWLEDGEMENT (For Office use only) 1. Name of the drilling agency 2. Address 3. Details of the drilling:– (a) Type of drilling rig: (b) Make of drilling rig: (c) Date of Manufacture: (d) Capacity of the Compressor/ /Engine: (e) Maximum depth to which the drilling rig can drill: www.goaprintingpress.gov.in Printed and Published by the Director, Printing & Stationery, Government Printing Press, Mahatma Gandhi Road, Panaji-Goa 403 001. PRICE – Rs. 10.00 PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA — 21/420 — 4/2012. (f) Name and address of Engineer/Geologists that supervises drilling operation: Entry Number & Date Signature of Receiving Officer By order and in the name of the Governor of Goa. S. T. Nadkarni, Chief Engineer & ex officio Additional Secretary. Panaji, 13th April, 2012.