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The Bihar Ground Water (Regulation and Control of Development and Management) Act, 2006
The Bihar Ground Water (Regulation and Control of Development and Management) Act, 2006
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Establishment of a Ground Water Authority.
Section 34. Staff of the Authority.
Section 45. Powers to Notify Areas to Regulate and Control the Development and Management of Ground Water.
Section 56. Grant of Permit to extract and use Ground Water in the Notified Area.
Section 67. Registration of existing users in Notified Area.
Section 78. Registration of Drilling Agencies.
Section 89. Power to alter, amend or vary the terms of the Permit/Certificate of Registration.
Section 910. Cancellation of Permit/Certificate of Registration.
Section 1011. Powers of the Authority.
Section 1112. Services of Orders, etc.
Section 1213. Bar to claim Compensation.
Section 1314. Delegation of Powers and Duties.
Section 1415. Members and employees of the Ground Water Authority to be Public Servants.
Section 1516. Protection against action taken in Good Faith.
Section 1617. Cognizance and trial of Offences.
Section 1718. Rain Water Harvesting for Ground Water Recharge.
Section 1819. Power to remove Difficulties.
Section 1920. Offences and Penalties.
Section 2021. Compounding of Offences.
Section 2122. Offences by Companies.
Section 2223. Appeals.
Section 2324. Power to make Rules.
Section 24
the-bihar-ground-water-regulation-and-control-of-development-and-management-act-2006.json
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24 Sections
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Bihar
{
"id": 15808,
"slug": "the-bihar-ground-water-regulation-and-control-of-development-and-management-act-2006",
"title": "The Bihar Ground Water (Regulation and Control of Development and Management) Act, 2006",
"short_title": "The Bihar Ground Water (Regulation and Control of Development and Management) Act, 2006",
"act_number": "Bihar Act 4 of 2007",
"act_year": 2006,
"act_type": "STATE",
"location": "Bihar",
"law_status": "unknown",
"enactment_date": null,
"description": "The Bihar Ground Water (Regulation and Control of Development and Management) Act, 2006",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"Act\" means the Bihar Ground Water (Regulation and Control of Development and Management) Act, 2006.\n(b) \"Artificial Recharge to Ground Water\" means the process by which ground water reservoir is augmented at a rate exceeding that under natural condition of replenishment.\n(c) \"Authority\" means Bihar State Ground Water Authority established in accordance with the provisions of this Act.\n(d) \"Drinking Water\" means water for consumption or use by human population for drinking and for other domestic purposes, which shall include consumption or use of water for cooking, bathing, washing, cleaning and other day to day activities. It shall also include water meant for consumption by the livestock.\n(e) \"Government\" means the Government of the State of Bihar.\n(f) \"Ground Water\" means the water which exists below the ground surface in the zone of saturation and can be extracted through wells or any other means or emerges as springs and base flows in streams and rivers.\n(g) \"Municipality\" means an institution of self Government constituted under Article 243-Q of the Constitution of India.\n(h) \"Panchayat\" means an institution of self Government constituted under Article 243-B of the Constitution of India.\n(i) \"Prescribed\" means prescribed by rules made under this Act.\n(j) \"Rain Water Harvesting\" means the technique of collection and storage of rain water at surface or in sub-surface aquifer.\n(k) \"Sink\" with all its grammatical variations and cognate expressions in relation to a well includes digging, drilling or boring of new well or in existing well, deepening and modification (of radials and galleries) of the existing wells.\n(l) \"User of Ground Water\" means the person or persons or any institution including a company or an establishment, whether Government or non-governmental, who or which extract or use or sell ground water for any purpose including domestic use made either on a personal or community basis.\n(m) \"Well\" means a structure sunk for the search or extraction of ground water by a person or persons except by the authorised officials of the State or Central Governments for carrying out scientific investigations, exploration, development, augmentation, conservation, protection or management of ground water and shall include open well, dug well, bore well, dug-cum-bore well, tubewell, filter point, collector well, infiltration gallery, recharge well, disposal well or any of their combinations or variations provided that it will exclude the wells from which ground water is drawn by manual devices, i.e., hand pump or rope and bucket used by a person or persons.\nChapter-II",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Establishment of a Ground Water Authority.",
"chapter": null,
"content": "(a) A Chairman not below the rank of Chief Engineer to be appointed by the State Government.\n(b) A representative of the Central Ground Water Board (CGWB) to be nominated by the Chairman, CGWB.\n(c) Four ex-officio members who will be representatives of the following departments which are concerned with survey, exploration, development and management of ground water of the rank as stated hereunder to be appointed by the State Government:\n(i)\nMinor Irrigation Department\n:\nDirector, Ground Water Directorate or a person not below the\n\t\t\t\trank of Superintending Engineer.\n(ii)\nPublic Health Engineering Department\n:\nA person not below the rank of Superintending Engineer.\n(iii)\nWater Resources Department\n:\nA person not below the rank of Superintending Engineer.\n(iv)\nScience and Technology Department\n:\nIncharge, Bihar Remote Sensing (Remote Sensing) Application\n\t\t\t\tCentre.\n(d) Such number of other members, not exceeding five, who in the opinion of the Government have special knowledge or practical experience in matters relating to ground water to be appointed by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Staff of the Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Powers to Notify Areas to Regulate and Control the Development and Management of Ground Water.",
"chapter": null,
"content": "(a) by affixing a copy of the notification to some conspicuous part of the offices of the village Panchayats located in the said area.\n(b) by proclaiming by beat of drum or by means of loudspeakers the contents of the notification in the said area.\n(c) in such other manner as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Grant of Permit to extract and use Ground Water in the Notified Area.",
"chapter": null,
"content": "(a) the purpose or purposes for which ground water is to be used,\n(b) the existence of other competitive users,\n(c) the availability of ground water,\n(d) quantity of ground water to be drawn,\n(e) quality of ground water with reference to use,\n(f) spacing of ground water structures keeping in consideration the purpose for which ground water is to be used,\n(g) long-term ground water level behaviour,\n(h) its likelihood of adversely affecting water availability of any drinking water sources in its vicinity,\n(i) any other factor relevant thereto.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Registration of existing users in Notified Area.",
"chapter": null,
"content": "(i) the description of the source of ground water, such as type of well, its exact location,\n(ii) the device used for lifting water,\n(iii) the quantity of ground water withdrawal and hours of operation per day,\n(iv) the total period of use in each year,\n(v) the purpose or purposes for which ground water is being extracted,\n(vi) in case the requirement of ground water is for purpose of drinking water, the approximate population to be served,\n(vii) in case of irrigation well, the location and extent of area irrigated, and\n(viii) in the case of State, Municipal or Community run water supply schemes, the details of the services involved in addition to the quantities of ground water extracted, the diversion or the pumping points and their locations.\n(a) the purpose or purposes for which ground water is to be used,\n(b) the existence of other competitive users,\n(c) the availability of ground water,\n(d) quality of ground water with reference to use,\n(e) spacing of ground water abstraction structures keeping in consideration the purpose for which ground water is to be used,\n(f) long term ground water level behaviour, and\n(g) any other factor relevant thereto.",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Registration of Drilling Agencies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Power to alter, amend or vary the terms of the Permit/Certificate of Registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Cancellation of Permit/Certificate of Registration.",
"chapter": null,
"content": "(a) the Permit or Certificate of Registration granted, under sub-section (3) of Section 6, or sub-section (3) of Section 7, as the case may be, is not based on facts;\n(c) a situation has arisen which warrants limiting of the use or extraction of ground water;",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Powers of the Authority.",
"chapter": null,
"content": "(a) to enter any property (Private or Government owned) with the right to investigate and make any measurements concerning the land or the water located on the surface or the under ground:\n(b) to inspect the well which has been or is being sunk and the soils and other materials excavated therefrom,\n(c) to take specimens of such soils or other materials or of water extracted from such wells,\n(d) to order in writing the persons sinking a well to keep and preserve in the prescribed manner specimens of soils or any material excavated therefrom for such period not exceeding three months from the date of completion or abandonment of the work as may be specified by the Authority and such person shall comply with such requisition,\n(e) to inspect and to take copies of the relevant records or documents and ask any question necessary for obtaining any information (including diameter or depth of the well which is being or has been sunk, the level at which the water is or was struck and subsequently restored/rested, the types of strata encountered in the sinking of the well and the quality of the ground water struck etc.) required for carrying out the purposes of this Act,\n(f) to direct the user of ground water to install water measuring devices on any ground water abstraction structures:\n(g) to seize any equipment/device utilized for illegal sinking and demolish the work executed fully or partly,\n(h) to direct any user of ground water who does not comply with the provisions of this Act and rules framed thereunder to close-down the extraction of ground water, disconnect its power supply and demolish any hydraulic work found to be illegal according to the provisions of this Act and the rules framed thereunder,\n(i) to enter and search with such assistance, if any, as it considers necessary, any place in which it had reason to believe that offence under this Act has been or is being committed and order in writing the person who has been or is committing the offence not to extract or use the ground water for a specified period not exceeding thirty days,\n(j) to exercise such other powers as may be necessary for carrying out the purposes of this Act or any rules made thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Services of Orders, etc.",
"chapter": null,
"content": "(a) by giving or tendering the order of notice or by sending it by post to the user for whom it is intended, or\n(b) if such user cannot be found, by affixing the order of notices on some conspicuous part of his last known abode or place of business or by giving or tendering the order of notice to some adult member or servant of his family or by affixing on some conspicuous part of the land or building in which the well is being sunk.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Bar to claim Compensation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Delegation of Powers and Duties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Members and employees of the Ground Water Authority to be Public Servants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Protection against action taken in Good Faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Cognizance and trial of Offences.",
"chapter": null,
"content": "Chapter-III",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Rain Water Harvesting for Ground Water Recharge.",
"chapter": null,
"content": "Chapter-IV\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Power to remove Difficulties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Offences and Penalties.",
"chapter": null,
"content": "(a) contravenes or fails to comply with any of the provisions of this Act or any rule made thereunder,\n(b) obstructs the Authority or any other person authorized by it to exercise any of the powers under this Act,\n(i) for the first offence with fine which may extend to five thousand rupees, and\n(ii) for the subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or both.",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Compounding of Offences.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Offences by Companies.",
"chapter": null,
"content": "(1) \"Company\" means any body corporate and includes a firm or other association of individuals, and\n(2) \"Director\" in relation to a firm, means a partner in the firm.",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Appeals.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Power to make Rules.",
"chapter": null,
"content": "(a) the term of office and manner of filling vacancies and other conditions of service of the Members and Chairman of the Authority;\n(b) the functions and the terms and conditions of service of the employees of the Authority;\n(c) any other manner of effecting service of the notification under clause (c) of sub-section (3) of Section 5;\n(d) the form of application under sub-section (2) of Section 6 and the particulars that may be furnished with these applications;\n(e) the form of application under sub-section (1) of Section 7;\n(f) the form of the Permit and Certificate of Registration under subsection (6) of Section 6 and sub-section (6) of Section 7;\n(g) the manner in which the specimens of soils or other materials shall be kept and preserved under clause (d) of sub-section (1) of Section 11;\n(h) specifying the Appellate Authority under sub-section (1) of Section 23 and the fees to accompany the application for appeal;\n(i) any other matter which is to be or may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 23
}
],
"metadata": {
"Act ID": "bh299",
"Act Number": "Bihar Act 4 of 2007",
"Enactment Date": "",
"Act Year": "2006",
"Short Title": "The Bihar Ground Water (Regulation and Control of Development and Management) Act, 2006",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}