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NOC from Central Ground Water Authority

What is Central Ground Water Authority (CGWA)?


The Environment (Protection) Act of 1986 was established by the Indian Parliament to oversee and manage pollution and safeguard the environment within India. Central Ground Water Authority has been constituted under Section 3 (3) of the Environment (Protection) Act, 1986 to regulate and control development and management of ground water resources in the country.


Further, to have sustainable management of water resources in the country groundwater abstraction guidelines have been prepared to regulate groundwater extraction and conserve the scarce groundwater resources in the country. These guidelines will come into force with immediate effect from the date of Gazette Notification and will supersede all earlier guidelines issued by the Central Ground Water Authority (CGWA). These guidelines will have PAN India applicability. Ground water abstraction in States/ UTs (which are not regulating ground water abstraction) shall continue to be regulated by Central Ground Water Authority. Further, wherever States/ UTs have come out with their own groundwater abstraction guidelines, which are inconsistent with the CGWA guidelines, the provisions of CGWA guidelines will prevail. However, in case the guidelines followed by such States/ UTs contain some more stringent provisions than CGWA guidelines, such provisions may also be given effect to by the States/ UTs Authorities in addition to those contained in the CGWA guidelines. States may be at liberty to suggest additional conditions/ criteria based on the local hydro-geological situations which shall be reviewed by CGWA/Ministry of Jal Shakti, Government of India before acceptance.

What are the functions and Powers of Central Ground Water Authority (CGWA)?
The CGWA (Central Ground Water Authority) is responsible for issuing NOC (No Objection Certificate) under Section 5 of the Environment (Protection) Act of 1986. This certificate allows it to enforce directions and take necessary actions as mentioned in Section 3(2) of the Act. It also implements penalties outlined in Sections 15 to 21 of the Act. Additionally, it delineates steps for regulating and controlling the management and development of groundwater across the country. The CGWA appoints officials to carry out its functions under Section 4 of the Environment (Protection) Act of 1986.

When is the CGWA NOC Certificate/Permission required?
The CGWA permission for ground water abstraction is required for following purposes:

  • Industrial Use
  • Infrastructural Use
  • Mining use

Exemptions from seeking No Objection Certificate:
Following categories of consumers shall be exempted from seeking No Objection Certificate for ground water extraction:

  1. Individual domestic consumers in both rural and urban areas for drinking water and domestic uses.
  2. Rural drinking water supply schemes.
  3. Armed Forces Establishments and Central Armed Police Forces establishments in both rural and urban areas.
  4. Agricultural activities.
  5. Micro and small Enterprises drawing ground water less than 10 cum/day.
  6. All industries/ mining projects/ infrastructure projects drawing ground water only for drinking/ domestic purposes up to 5 Cum /day in all assessment units.
  7. Residential Apartments and Group Housing Societies:
    • For drinking water and domestic uses, drawing ground water up to 20 m3 /day subject to the conditions mentioned in Para 2.0 of the guidelines.
    • Dwelling units for Economically Weaker Sections (EWS) under Government schemes

General compliance conditions in No Objection Certificate:

  1. Installation of tamper proof digital water flow meter/ Pre-Paid Meter (s) (conforming to BIS/ IS standards) having telemetry system in the abstraction structure(s) shall be mandatory for all users seeking No Objection Certificate and intimation regarding their installation shall be communicated to the CGWA within 30 days of grant of No Objection Certificate through the web-portal. In case the ground water extraction is from multiple bore/tube wells within the same premises, tamperproof digital water flow meter(s)/Pre-Paid Meter (s) with telemetry can be installed at common outlet point(s).
  2. Proponents shall mandatorily get water flow meter calibrated on from an authorized agency once in a year.
  3. Proponents shall install roof top rain water harvesting & recharge systems in the project area.
  4. Proponents shall pay Ground Water Abstraction/ Restoration Charges based on quantum of ground water extraction as applicable as per the rates given in Section 5.
  5. Purpose-built observation wells (piezometers) for ground water level monitoring shall be installed as per Section 14. Water level data shall be made available to CGWA through web portal. Detailed guidelines for construction of piezometers are given in Annexure-II.
  6. Proponents shall monitor quality of ground water from the abstraction structure(s) once in a year. Water samples from bore wells/ tube wells / dug wells shall be collected during April/May every year and analysed in NABL accredited laboratories for basic parameters (cations and anions), heavy metals, pesticides/ organic compounds etc. Water quality data shall be made available to CGWA through the web portal.
  7. If the existing well becomes defunct due to mechanical failure within the validity period of No Objection Certificate, the user can construct a replacement well under intimation to CGWA on web portal. The defunct well shall be properly sealed. The user will be required to submit documentary proof in this regard. However, if the existing abstraction structures fails to yield water and the proponent desires to drill another tubewell in the same premises, prior permission of the Authority shall be required. If the replacement well is to be drilled in some different place, the proponent shall obtain fresh No Objection Certificate.
  8. Wherever feasible, requirement of water for greenbelt (horticulture) shall be met from recycled / treated waste water.
  9. In case of change of ownership, new owner of the premises will have to apply for incorporation of necessary changes in the No Objection Certificate with documentary proof within 60 days of taking over possession of the premises.

Renewal of No Objection Certificate:

  1. No objection certificate shall be renewed periodically, subject to the compliance of the conditions mentioned therein:
  2. The applicant shall apply for renewal of No Objection Certificate at least ninety days prior to expiry of its validity.
  3. Application for renewal of No Objection Certificate shall be accompanied by the Compliance Report.
  4. Before granting renewal, Central Ground Water Authority or State/ Ut Authority shall satisfy itself that the conditions of No Objection Certificate have been complied with.
  5. In case of change in category of the assessment unit, renewals would be granted with conditions as laid down for new category.
  6. No Objection Certificate will be renewed for the terms specified for various uses as follows:

Category

Use

Term of renewal

Critical,

Semi-critical,

And

Safe

Infrastructure projects for drinking & domestic use and urban Water Supply Agencies

5 years

Industries

3 years

Mines

2 years

Over exploited

All users in ‘Over-exploited areas’

years

  1. If the application for renewal is submitted in time and the CGWA/ the respective State/ Ut Authority is unable to process the application in time, No Objection Certificate shall be deemed to be extended till the date of renewal of No Objection Certificate.
  2. If the proponent fails to apply for renewal within 3 months from the date of expiry of No Objection Certificate, the proponent shall be liable to pay Environmental Compensation for the period starting from the date of expiry of No Objection Certificate till No Objection Certificate is renewed by the competent authority.

For more details, please refer to Consolidated MoJS guidelines issued to regulate and control ground water extraction in India vide MoJS Notification dated 24.09.2020 with Amendment Notification dated 29.03.2023:
https://cgwa-noc.gov.in/LandingPage/Guidlines/ConsolidateGuidline.pdf#ZOOM=100

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

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