Offences and penalties

§39

Summary

1[39. (1) If any commercial, industrial, infrastructural or bulk user of groundwater, or any drilling agency obstructs the Appropriate Authorities or any other person authorised by the State Ground Water Management and Regulatory Authority to exercise any of the powers under this Act, such person shall be punishable with imprisonment which shall not be less than six months but which may extend to one year, or with fine which shall not be less than two lakh rupees but which may extend to five lakh rupees, or with both, in the case of a first offence. In the event of a second or subsequent offence, such person shall be liable to a fine which shall be double the amount of the fine awarded in the previous instance, in addition to imprisonment awarded under the said sub-section. Besides, the authorisation or noobjection certificate granted under this Act shall be liable to cancellation. (2) Any commercial, industrial, infrastructural or bulk user of groundwater who contravenes the provisions of Sections 27 or 29 shall,- (a) for the first offence, be liable a penalty which shall not be less than ten lakh rupees; (b) for the second or subsequent offence, shall be liable a penalty which shall not be less than fifteen lakh rupees. (3) Any commercial, industrial, infrastructural or bulk user of groundwater or drilling agency who contravenes or fails to comply with any provision of this Act or the rules made thereunder except those covered under sub-sections (1), (2), or the provisions under Chapter-V, shall be liable to a minimum penalty which may be prescribed and which may extend to five lakh rupees. In the event of a second or subsequent contravention, such person shall be liable to a penalty which shall be double the amount imposed in the previous instance. The authorisation or no-objection certificate granted under this Act shall be liable to cancellation. (4) Any commercial, industrial, infrastructural or bulk user of groundwater who contravenes the provisions of sub-section (2) of Section 26, or Section 28 shall,- (a) for the first contravention, be liable to a minimum penalty which may be prescribed and which may extend to ten lakh rupees; (b) for any subsequent contravention, be liable to a penalty which may extend to forty lakh rupees. (5) Any supplier of water (other than Government drinking water supply schemes) who supplies or causes to be supplied groundwater which fails to meet the quality standards prescribed under any law for the time being in force shall be liable to a minimum penalty which may be prescribed and which may extend to five lakh rupees. (6) Whoever, being the owner of a building, fails to install a system for harvesting rainwater to recharge groundwater as per the sanctioned drawing, design and guidelines issued by any Development Authority or other authority competent to sanction such drawing, shall be liable to concerned provisions made under building bye-laws.]

1[39. (1) If any commercial, industrial, infrastructural or bulk user of groundwater, or any drilling agency obstructs the Appropriate Authorities or any other person authorised by the State Ground Water Management and Regulatory Authority to exercise any of the powers under this Act, such person shall be punishable with imprisonment which shall not be less than six months but which may extend to one year, or with fine which shall not be less than two lakh rupees but which may extend to five lakh rupees, or with both, in the case of a first offence. In the event of a second or subsequent offence, such person shall be liable to a fine which shall be double the amount of the fine awarded in the previous instance, in addition to imprisonment awarded under the said sub-section. Besides, the authorisation or noobjection certificate granted under this Act shall be liable to cancellation. (2) Any commercial, industrial, infrastructural or bulk user of groundwater who contravenes the provisions of Sections 27 or 29 shall,- (a) for the first offence, be liable a penalty which shall not be less than ten lakh rupees; (b) for the second or subsequent offence, shall be liable a penalty which shall not be less than fifteen lakh rupees. (3) Any commercial, industrial, infrastructural or bulk user of groundwater or drilling agency who contravenes or fails to comply with any provision of this Act or the rules made thereunder except those covered under sub-sections (1), (2), or the provisions under Chapter-V, shall be liable to a minimum penalty which may be prescribed and which may extend to five lakh rupees. In the event of a second or subsequent contravention, such person shall be liable to a penalty which shall be double the amount imposed in the previous instance. The authorisation or no-objection certificate granted under this Act shall be liable to cancellation. (4) Any commercial, industrial, infrastructural or bulk user of groundwater who contravenes the provisions of sub-section (2) of Section 26, or Section 28 shall,- (a) for the first contravention, be liable to a minimum penalty which may be prescribed and which may extend to ten lakh rupees; (b) for any subsequent contravention, be liable to a penalty which may extend to forty lakh rupees. (5) Any supplier of water (other than Government drinking water supply schemes) who supplies or causes to be supplied groundwater which fails to meet the quality standards prescribed under any law for the time being in force shall be liable to a minimum penalty which may be prescribed and which may extend to five lakh rupees. (6) Whoever, being the owner of a building, fails to install a system for harvesting rainwater to recharge groundwater as per the sanctioned drawing, design and guidelines issued by any Development Authority or other authority competent to sanction such drawing, shall be liable to concerned provisions made under building bye-laws.]

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