Background
The Ministry of Jal Shakti (MoJS), through the Central Ground Water Authority (CGWA), framed comprehensive Guidelines to Regulate and Control Ground Water Extraction in India notified in the Gazette of India on 24 September 2020 (S.O. 3289(E)) to standardize and supersede earlier regulatory frameworks for extraction and management of groundwater across the country. These guidelines were issued under the powers conferred by Section 3 and Section 5 of the Environment (Protection) Act, 1986, following directions from judicial bodies like the National Green Tribunal to curb unsustainable groundwater use and ensure conservation. They establish mandatory No Objection Certificate (NOC) requirements for various commercial, industrial, and infrastructure projects and outline procedures for application, compliance, and penalty for unauthorized extraction. To address implementation challenges and refine operational aspects, MoJS issued an Amendment Notification on 29 March 2023 (S.O. 1509(E)) integrating changes in provisions such as penalty structures, exemptions, and sector-specific requirements. The consolidated document brings together the 2020 guidelines and 2023 amendments for ready reference and effective governance of groundwater resources in India.
Applicability
These guidelines are applicable to All MSME extracting groundwater for industrial use.
Compliance Requirements under the Guidelines
Installation of BIS/IS-compliant tamper-proof digital or prepaid water flow meters with telemetry at abstraction structures is mandatory for all NOC applicants. Installation details must be reported to CGWA via the web portal within 30 days of NOC grant.
In case the ground water extraction is from multiple bore/tube wells within the same premises, tamper proof digital water flow meter(s)/Pre Paid Meter (s) with telemetry can be installed at common outlet point(s).
Proponents shall mandatorily get water flow meter calibrated on from an authorized agency once in a year.
Proponents shall install roof top rain water harvesting & recharge systems in the project area.
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.
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.
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.
If a well becomes defunct due to mechanical failure during NOC validity, a replacement may be constructed with intimation to CGWA via the web portal, and the defunct well must be sealed with documentary proof. For low yield cases or a different location, prior approval or a fresh NOC is required.
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 (Refer Annexure VII). The user will be required to submit documentary proof in this regard. However, if the existing abstraction structures fails to yield water and he 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.
Penalty & Punishment
Penalty shall be imposed on the proponents for non-compliance of No Objection Certificate conditions issued by the appropriate authority. Rates of penalty proposed for non-compliance of various conditions of No Objection Certificate are given in Table 16.1 of the guidelines.The rates of the penalty shall be reviewed periodically with the approval of competent authority in Ministry of Jal Shakti.
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.