Dehuroad,.

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-12082024-256273 EXTRAORDINARY PART II-Section 4 PUBLISHED BY AUTHORITY No. 106] NEW DELHI, THURSDAY, AUGUST 8, 2024/SHRAVANA 17, 1946 5016 GI/2024 (1) MINISTRY OF DEFENCE ((Dehuroad Cantonment Board) NOTIFICATION New Delhi, the 8th August, 2024 S.R.O. 106 (E).— WHEREAS, the draft regulations for the Dehuroad Cantonment Board for Digging and use of Bore Wells, 2023-24 was published, on the Cantonment Board's Notice Board vide Notice No. CBDR/Engg/Bore wells/2023-24, dated the 29th December, 2023 for inviting objections and suggestions by 28th January, 2024. AND, WHEREAS, the said notice was also published on the official website of the Cantonment Board on 29th December, 2023 and in the local newspapers on 31st December, 2023; AND, WHEREAS, objections and suggestions so received from the public by the Cantonment Board before the said date were considered by the Board and suitably disposed of, vide Cantonment Board Resolution No. 02, dated 23th February, 2024. NOW, THEREFORE, in exercise of the powers conferred by sub-section (4) of section 204 of the Cantonments Act, 2006 (41 of 2006), the Dehuroad Cantonment Board hereby makes the following regulations, namely: – 1. Short title and commencement. – (1) These regulations may be called the Dehuroad Cantonment Board (Digging and Use of Bore Wells) Regulations, 2024. (2) They shall come into force on the date of publication in the Official Gazette. 2. Definitions. - (1) In these regulations, unless the context otherwise requires,- (a) "Act” means the Cantonments Act, 2006 (41 of 2006); (b) "authority" means the Cantonment Board or the Chief Executive Officer authorised by the Cantonment Board under regulation 5; (c) "availability and use of water” shall have the same meaning assigned to it in the notification issued by the Ministry of Jal Shakti on Per Capita Availability of Water vide notification number S.O. 3289(E), dated the 24th September, 2020 issued by the Ministry of Jal Shakti; (d) “Bore well” includes tube well or dug well or tunnel well or such other structures for extraction of ground water. (e) "Cantonment Board" means the Dehuroad Cantonment Board; (f) "flow meter” means the flow meter as per the standards of the Indian Standards Institute (ISI) or International Organisation for Standardisation (ISO); (g) "form" means the form annexed to these regulations; (h) "use of water” means usage of water by residential unit, house, bungalow, society, trust, education institution, industry, hotel, commercial restaurant, tea stall, coffee shop, spa, car spa, beauty parlour, barber shop, marriage grounds or halls etc., or for any other purpose mentioned in Annexure - VI to the guidelines to regulate and control ground water extraction in India issued vide notification number S.O. 3289(E), dated the 24th September, 2020 by the Ministry of Jal Shakti. (2) The words and expressions used in these regulations and not defined shall have the same meaning as respectively assigned to them in the Act, rules made there under, and in the guidelines to regulate and control ground water extraction in India issued vide notification number S.O. 3289(E), dated the 24th September, 2020 by the Ministry of Jal Shakti. 3. Survey of existing bore wells. (1) The Cantonment Board shall conduct a survey of existing bore wells within its jurisdiction and the survey shall include the date from which the said bore wells are in existence and average extraction of water every day. (2) The density of the population shall be considered along with the availability of the present water supply source for considering the application for extraction of ground water within the Cantonment Area. 4. Survey of ground water available. –The Cantonment Board shall conduct survey of the area within its jurisdiction to ascertain the level of ground water available for use with the help of agencies of the Ministry of Jal Shakti or any other organisation of the State Government in which the Cantonment Board is situated. 5. Appointment of authority. – The Cantonment Board may appoint Chief Executive Officer to exercise the powers and discharge the functions and duties as an authority in such manner as may be specified in the appointment order. 6. Preservation of natural water course. – (1) The Cantonment Board shall conduct survey to ascertain whether – (a) the drinking water is free from contamination as per the standards and whether the water is potable or not; (b) any source of effluent and hazardous water has percolated and water of the bore well is affected; (2) Taking into consideration the existing supply of water, quality, use and availability of ground water, the application for digging bore well shall be considered by the Cantonment Board. 7. Exemption from permission for ground water extraction structure. – Exemption shall be granted by the Cantonment Board as per the guidelines to regulate and control ground water extraction in India issued vide notification number S.O. 3289(E), dated the 24th September, 2020 by the Ministry of Jal Shakti. 8. Registration of existing bore wells. – (1) The authority shall publish a notice by giving wide publicity for compulsory registration of the existing bore wells, within a period of one month. (2) The form shall be issued to the residents for registration and the registration or renewal charges, if any, shall be specified by the Cantonment Board. 9. Registration of new bore wells – (1) The applicant (owner, head of residence, lessee, legal heir, authorised occupant) may submit the application with the authority for digging new bore well in the specified form and the said application shall be scrutinised by the authority preferably within a period of thirty days from the date of application and the decision shall be communicated to the applicant. (2) In case, the decision is not communicated within a period of thirty days, it shall not be treated as a deemed approval and for every new bore well, applicant shall be required to renew the licence at regular intervals as may be specified by the Cantonment Board. (3) Military establishments within the local limits of the Cantonment Board shall be required to inform about the existence of bore well. 10. Documents for registration or permission to erect the structure for extracting ground water. - (1) The applicant shall submit the following documents for registration or permission to erect the structure for extracting ground water, namely:- (i) The application and declarations as per the form annexed; (ii) Impact Assessment Report for a specified purpose issued by the concerned authority i.e., report mentioned in Annexure IV to the notification number S.O. 3289(E), dated the 24th September, 2020 by the Ministry of Jal Shakti shall be followed. (iii) Aadhaar Card or Pan Card or GST No. (as applicable) of the applicant and in the case of any registered society, trust, firm, company the resolution passed in General Body Meeting for extracting the water from the ground and authorisation to the concerned office bearer of the society. (2) Rain water harvesting process shall be followed as per the existing model Building Bye-laws made by the Ministry of Housing and Urban Affairs and a proposal to this effect shall be submitted to the Cantonment Board. 11. Directions by Cantonment Board. – The Cantonment Board may issue directions to stop extraction of ground water at any time by recording reasons therefor. 12. Levy of fee. – (1) If any registered user does not install the flow meter or in case flow meter is not working, the registration of such user may be suspended and the suspension may be revoked with an application by the user to the authority with a fee of rupees one thousand. (2) Ground water extraction charges for group Housing Society for bore well extraction above one thousand litres per day shall be charged at rupees five per thousand litre or as may be specified from time to time. (3) Charges for commercial or industrial bore well extraction one thousand litres per day shall be charged at rupees ten per thousand litre or as may be specified from time to time. (4) Registration fee for digging of new bore well and fee for registration of existing bore well shall be rupees two thousand or as may be specified from time to time. (5) In case of discontinuation of existing bore well (in case of drying), a fresh application seeking permission for digging of new bore well shall be submitted by the applicant and renewal fee/modification fee for the Bore Well shall be rupees three thousand. Applicant has to also ensure that the existing bore well is filled with sand properly and closed off before digging new bore well. 13. Restriction on use of water. – Ground water so extracted shall not be sold in any form by the applicant or any person without permission of the authority and if it is noticed that the applicant or any person is selling the extracted ground water without permission, the registration granted shall be suspended forthwith and bore well and the flow meter shall be sealed and the user shall be liable to pay fee up to rupees ten thousand or as may be specified from time to time. 14. Protection of quality of ground water. – The applicant and user of the ground water shall be required to test the quality of the water in every three years from the Government Agency in order to ascertain as to whether the water is potable and submit the report to the authority and in case, water is found contaminated, the water shall not be used for drinking purpose. 15. Rain water harvesting. – Every applicant has to ensure that rain water harvesting structures are erected and rain water harvesting is observed and the Cantonment Board shall ensure that rain water harvesting is functional and survey for verification of the same shall be conducted by the Cantonment Board from time to time. 16. Prohibitory orders. –The authority may issue prohibitory orders, in case it is found that the water is contaminated and injurious to human consumption by issuing notice to the user. 17. Water audit. – Water audit shall be carried out by the authority from time to time and availability of the ground water shall be ascertained and in case of reduction in the ground water, restriction on the extraction of ground water shall be imposed as decided by the authority. 18. Appeal. – (1) Every appeal against the decision of Chief Executive Officer shall be preferred before the Cantonment Board and the appeal against the decision of the Cantonment Board shall be preferred before the Principal Director, Defence Estates, the Command. (2) Every appeal shall be made within a period of thirty days from the date of communication of order of the Chief Executive Officer or the Cantonment Board, as the case may be. FORM (See regulation 2 (g)) Registration of existing bore well / tube well / dug well / tunnel well, etc, or permission for digging of new bore well / tube well / dug well / tunnel well, etc. Issued to Shri / Smt. ........................................................................................ Book No. .......................................................................................................... Application Form Sl. No.................................................................................... FORM OF APPLICATION FOR REGISTRATION, MODIFICATION OR ALTERATION OR DIGGING OF NEW BORE WELL / TUBE WELL / DUG WELL / TUNNEL WELL, ETC. 1. Particulars of the applicant:- (a) Name of the owner applicant (IN BLOCK LETTERS) (Please attach ID Proof): (b) Son / Daughter / Wife / Husband of: (c) Sex (Please tick): M/F (d) Nationality: (e) Address of the applicant: 2. Details of Registration of existing well:- (a) Registration number: (b) Date of Registration: 3. Location particulars of existing / proposed new bore well / tube well / dug well / tunnel well, etc :- (a) Ward No: (b) Mohalla / Road / House No: (c) GLR Survey No. / Revenue Survey No: (d) Name of the recorded person in (b) above: (e) Relationship of applicant with recorded person in (d) above: (f) Please attach following documents: Aadhaar card/ Electricity Bill / Any document as address proof for ownership of land / extract of GLR/ Revenue Record. 4. Particulars of the existing / to be registered / proposed new well:- (a) Date of construction / sinking of the well (in case of existing): (b) Type of the well viz. Dug Well / Tube Well / Boring: Others (please specify): (c) Approx depth of the well (m): (d) In case of Tube Well: (i) Approx length (m) and diameter (mm) of the hosing pipe (if any): (ii) Approx length (m) and diameter (mm) of the strainer: (iii) Material of the hosing pipe and blank pipe (PVC / Iron / Galvanized Iron) (iv) Material of the strainer: (PVC / Iron / Galvanized Iron) (e) In case of Dug Well:- (i) Diameter of the Dug Well (m): (ii) Type of structure of the Dug Well (please tick) Kuchcha / Pucca (f) Whether there has been any adverse report regarding water quality of the well (in case of existing): YES / NO. If yes give particulars: 5. Particulars of pumping device:- (a) Type of pump to be used (please tick) (Residential/Centrifugal/ submersible/ turbine/eject of pump, etc) (b) Length of the column pipe (in case of submersible / turbine pump) (c) Pump capacity: (d) H.P: (e) Operational device (please tick) (electric motor / diesel engine) (f) Date of energisation (in case of electricity driven pump): 6. Particulars of usefulness of well:- (a) Purpose of the proposed well (Residential/Industrial/Commercial/ Infrastructural / Bulk use /others (please tick) (b) Daily running hours: (c) Whether the area receives supply through piped water supply: YES / NO. (Please tick) 7. Details of modification or alteration in registered well: 8. Reason for modification or alteration in registered well: 9. Whether rain water harvesting structure has been constructed within the premises: YES/NO (Please tick) If No, measures proposed to be taken for rain water harvesting: 10. (a) Please submit mode of treatment of waste water/ effluent (for industries/ hospital/ butcheries/ etc): If (a) applies, please mention whether obtained NOC from Cantonment Board / Concerned Authority for discharge of effluent or waste water [YES / NO] If YES, attach copy of same. Note: If applicant has not obtained NOC from Cantonment Board or Concerned Authority for discharge of effluent or waste water, application shall be liable for rejection. 11. Details of payment of application fee:- (a) Amount of Application Fee paid (i) Rs......... (ii) Receipt No./ Reference No. (for outline project): (iii) Date: 12. Any other information which Applicant would like to furnish: Declaration Declaration by the applicant I do hereby declare that the particulars furnished herein above are correct and true. I understand that in case any of the particulars / information is found to be in-correct at any stage of verification / scrutiny, the application is liable for rejection. In case any of the particulars / information furnished is found to be incorrect at any stage even after issue of the registration, the registration is liable for cancellation. I Agree Note: 1. Separate application form should be used for registration of each individual well or for modification or alteration or digging of new well. 2. The application form should be completed in all respects before submission. Incomplete applications are liable for rejection. Any correction / alteration shall be duly authenticated. 3. Please write 'N.A' against those items which are not applicable. 4. Please attach the following documents along with the application. i. Document showing proof of ownership of land / occupancy rights / etc. ii. Photocopy of Aadhaar Card / Voter ID / Ration Card / any other proof of identification. 5. The concerned Authority reserves the right to ask for any other document(s) from the applicant for examination of the merit of the case. I Agree [F.No. CBDR/Engg/Borewell/23-24] PUSHPPANJALI RAWAT, IDESChief Executive Officer