THE KARNATAKA GROUNDWATER (REGULATION AND CONTROL) BILL, 1996

THE KARNATAKA GROUNDWATER (REGULATION AND CONTROL) BILL, 1996

A Bill to provide for regulation and control of extraction and prevention of waste of groundwater in the State and for matters connected therewith or incidental thereto.

Whereas it is expedient to provide for better regulation and control of extraction and prevention of waste of groundwater in. the State and for matters connected therewith or incidents -thereto:

Be it enacted by the Karnataka State Legislature in the Forty-fourth year of the Republic of India as follows:-

CHAPTER – I

PRELIMINARY

1. Short title, extent and commencement:- (1) This Act may be called the Karnataka Groundwater (Regulation and Control) Act, 1996. (2) It shall extend to the whole of the State of Karnataka (3) It shall come into force on such date of the State Government may, by notification, appoint and different dates may be appointed for different areas and for different provisions of the Act.

2. Definitions:- In this Act, unless the context otherwise requires:-

(a) “Authority” ……………. The Karnataka Groundwater Authority constituted under section 3;

(b) “Certificate of Registration” means a –certificate of registration granted under section 10;

(c) “domestic use” means use of groundwater for drinking, cooking, washing, livestock preservation and sanitary purposes but shall not include water primarily used for irrigation purpose;

(d) “groundwater” means the water which exists below the surface of the ground at any particular location;

(e) “licence” means a licence granted under section 13;

(f) “Marginal farmer” means a farmer who holds such an extent of land as may be prescribed;

(g) “permit” means a permit granted under section 11;

(h) “Sink” with all its grammatical variations and cognate expression in relation to an existing well or new well includes any digging, drilling or boring of new wells or deepening carried to the existing wells for exploitation of water;

(i) “Sinking Agency” means a person or an agency, or an organization or an Institution engaged in business of sinking of well for exploitation of water resources or extraction of water;

(j) “Small farmer” means a farmer who holds such an extent of land as may be prescribed;

(k)”user of groundwater” means any persons or group of persons, an institution including a company or an establishment, whether Government or not who or which uses groundwater for any purpose including domestic use either on a personal or community basis;

(l) “Well” means a well sunk for search or extraction of groundwater by any persons other than a well sunk by the state Government or the Central Government for carrying out scientific investigation, exploration, development or management work for the survey and assessment of groundwater resources providing water to the small and marginal farmers, and includes open well, dug well, bore well, dug-cum-bore well, tube well, fitter point, collection well and infiltration gallery.

(m)Technical officer means the Geologist in the State Groundwater Authority not below the rank of Asst. Geologist.

(n)White Block:- Where the estimated annual groundwater extraction is less than 65 percent of the estimated average annual groundwater recharge.

(o)Grey Block:- Where the estimated annual groundwater extraction is between 65 to 85 percent of the estimated averages annual groundwater recharge.

(p) Dark Block:- Where the estimated annual groundwater extraction is above 85 percent of the estimated average annual groundwater recharge.

CHAPTER – II

CONSTITUTION OF AUTHORITY

3. Establishment of Groundwater Authority:- (1) As soon as may be after the commencement of this Act, the State Government shall by notification establish with effect from such date as may be specified in the notification, an authority to be known as the Karnataka Ground Water Authority for the whole of the State of Karntaka, with head quarters at Bangalore. (2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subhect to the provisions of this Act, to acquire, hold and dispose of property both movable abnd immovable and to construct, and may by the said name sue and be sued. (3) The Authority shall consist of the following members, namely:-

(i) The Director, Mines and Geology,

(ii) The Director, CGWB, Bangalore,

(iii) One Representative of the Karnataka Electricity Board not below the rank of a Chief Engineer

(iv) The Engineer-in-Chief, P.H.E.D.,

(v) The Chief Engineer, WRDO,

(vi) The Chief Engineer, Minor Irrigation, nominated by the State Government,

(vii) The Director or Agriculture,

(viii) The Deputy General Manager, NABARD, Bangalore,

(ix) Two Representatives of farmers to be nominated by the State Government.

The Director, Mines and Geology who shall be the Member Secretary of the Authority or

The Additional Director (GWS), Department of Mines and Geology shall be the Member Secretary of Karnataka Groundwater Authority.

4. Disqualification for the members of the Authority:-

A person shall be disqualified for being nominated as and for being a non-official member of the Authority if he:-

(a)has been convicted and sentenced to imprisonment for an offence which , in the opinion of the State Government involves moral turpitude; or

(b) is of unsound mind and is so declared by a competent court;

(d) has been removed or dismissed from the service of the Central Government or the State Government or a Corporation owned or controlled by the Central Government or the State Government or from the membership of the Authority; or

(e) has directly or indirectly, by himself or his partner, any share or interest in any work done by the order of the Authority or in any contract or employment with or under or by or on behalf of the Authority; or

(f) is employed as a legal practitioner on behalf of the Authority or accepts employment as a legal practitioner against the Authority;

Provided that a person shall not be disqualified under clause (c) or be deemed to have any share or interest in any contract or employment within the meaning of the said clause, by reason only of his having share or interest in newspaper in which any advertisement relating to the affairs of the Authority is inserted.

5. Terms of office and conditions of services:- (1) Subject to the pleasure of the ‘State Government and the provisions of section 6, the non-official members nominated under clause (iX) of sub-section (3) of section 3 shall hold office for a period of three years from the date on which they assume office and shall be eligible for reappointment under such conditions as may be prescribed.

(2) Non-official member nominated under clause (ix) of subsection (3) of section 3, may at any time resign his office by writing under his had addressed to the State Government but shall continue in office till his resignation is accepted by the State Government.

6. Removal of member:- (1) The State Government shall remove a nominated non-official member, if he:-

(a) becomes subject to any of the disqualifications specified in section 5; or

(b) refuses to act, or becomes incapable of acting; or

(c) Without obtaining the leave of absence from the Chairman …………….. himself from three consecutive meetings of the Authority; or

(d) in the opinion of the State Government, has so abused his position as to render his continuance detrimental to the interest of the Authority.

(2) No order of removal of a nominated non-official member under clauses (a) and (d) of sub-section (1), shall be ride unless such member has been given an opportunity of making his representation.

7. Casual vacancies:- (1) Any casual vacancy caused by resignation of a non-official member or otherwise may be filled by the State Government, by nomination and the person so nominated shall hold office for the remaining period for which the member in whose place he is nominated would have held office.

(2) No act or proceeding of the Authority shall be invalidated merely by reason of any vacancy in its membership or any defect in the constitution or reconstitution of the Authority or any irregularity in the procedure of the Authority not affecting the merits of the case.

8. Meeting of the Authority:- (1) The Authority shall meet at least once in three months ordinarily at the office of the Authority or at such other place as the Chairman may decide and shall, subject to the provisions of sub-sections (2), (3) and (4), observe such rules or procedure in regard to the transaction of business at its meeting as may be provided by regulations.

(2)The Chairman or in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the Authority.

(3) If any member, being an Officer of the State Government is unable to attend any meeting of the Authority he may under intimation to the Chairman , authorities his immediate subordinate officer in writing, to do so.

(4) All questions at a meeting of the Authority shall be decided by majority of the votes of the members present and voting and in the case of an equality of votes, Chairman or in his absence the member presiding will have a casting vote.

(5) Quorum for a meeting shall be seven.

9. Staff of the Authority:- (1) The State Government shall for the purpose of enabling the Authority to efficiently perform its functions or exercise its powers under the Act, provide such member of technical and other staff as it may consider necessary.

(2) The powers and duties and the terms and conditions of service of such employees shall be such, as may be prescribed.

(3) The Administrative expenses of the Authority including the salaries and allowances and pension payable to the officers and staff of the Authority shall be defrayed out of the fund of the Authority.

10. Registration of existing users:- (1) Every persons who has been using groundwater before the commencement of this Act shall, within a period of ninety days from the date of such commencement apply to the Authority in such form and in such manner as may be prescribed for grant of a certificate of registration.

(2) On receipt of an application under sub-section (1), the Authority may, having regard to sub-section (2) and subject to such conditions and restrictions as may be specified grant a certificate of registration in such form as may be prescribed.

(3) The Authority shall within a period of ninety days from the date of receipt of application communicate to the applicant the order granting a certificate of registration and until it has so communicated, the applicant shall be entitled to use the groundwater in the same manner and to the same extent as he was entitled to use prior to the date of his application.

(4) In granting a certificate under sub-section (3), the Authority shall have regard to the following, namely:-

(a) the purpose for which water is being used;

(b) the existence of other competitive users;

(d) any other factors relevant thereto.

11. Grant of permit to extract and use groundwater:-

(1) No person shall sink a well or install devices to extract groundwater for any purpose either on personal or community basis unless he has obtained a permit from the Authority in accordance with the provisions of this Act.

(2)The distance between the two successful Borewells and the successful Dug-cum-Borewell shall be 250 mts. And between two Dug wells shall be 182 mts. I command areas the distance between two Dug wells shall be 120 mts.

(3) Every person shall, for grant of a permit under sub-section (3) make an application in such form containing such particulars as may be prescribed.

(4) On receipt of an application under sub-section (2), the Authority may having regard to sub-section (4) and subject to such conditions and restrictions as may be specified therein grant or refuse to grant a permit:

Provided that the Authority shall, before refusing to grant a permit give the applicant an opportunity of being heard.

(5) The Secretary, Groundwater Authority shall be the Appellant Authority in connection with all the legal matters of Karnataka Groundwater Authority.

(6) No such permit shall be necessary:-

(i) to sink a well and extract groundwater for individual domestic purpose;

(ii) to sink a well and to extract groundwater by the Government Organistions for the purpose of Public Water Supply System;

(iii) to sink a well in water logging areas.

Provided that:-

(i) details of use of groundwater shall be furnished to the Authority in such form as may be prescribed; and

(ii) that no structure shall be constructed without giving a prior intimation to the Authority;

(7) In granting or refusing to grant a permit under sub-section (3) the Authority shall have regard to the following:-

(a) the purpose for which the water is to be used;

(b) the existence of other competitive users;

(d) any other factors relevant thereto.

12. Power to alter amend for vary the terms of permit:-

The Authority may for sufficient reasons at any time alter, amend or vary the terms of permit:

Provided that no such alteration amendment or variation to the dis-advantge of the older of permit shall be made unless he has been given an opportunity of being heard:

Provided further that before taking any such action the Authority shall ensure that standing crop is not damaged.

Permission to be obtained by sinking agencies:- (1) No person by himself or through any person on his behalf shall, after expiry of a period of six months from the date of commencement of this Act carryon the business or sinking well or extraction of groundwater or any activity connected with sinking of well or extraction of groundwater except under and in accordance with the terms and conditions of a licence granted by the authority under this Act.

(2) Every persons shall, for grant of a licence under subsection (3) make an application in such form, containing such particular and accompanied by such fees as may be prescribed.

(3) On receipt of an application under sub-section (2), the authority may, after such enquiry as it may deem fit and after satisfying itself that the applicant has the means and the knowledge to undertake sinking operations and extraction of groundwater, grant a licence in such form, for such period and subject to such condition as may be prescribed.

14. Cancellation of permit, certificate or registration or licence:- If the Authority is satisfied either on a inference made to it in this behalf or otherwise that,

(a) the permit, certificate of registration or licence has been obtained by fraud or mis- representation, or

(b) the holder of the permit or certificate or registration or licence has without reasonable cause failed to comply with the conditions subject to which the permit or certificate of registration or licence has been granted or has contravened any of the provisions of this Act or the rules made thereunder; or

(c ) a situation has arisen which warrants limiting the use or extraction of groundwater;

it may, without prejudice to any other penalty to which the holder of the permit or of the certificate of registration or licence may be liable under this Act, after giving the holder of permit, certificate of registration or licence an opportunity of showing cause, cancel the permit, certificate or registration or licence.

15. Ineligibility to avail financial assistance etc.,:-

A person who does not possess a permit shall be ineligible:-

(a) to get any subsidy, grant or loan by a Government or other agency, organization or financing institution to sink well and extract groundwater;

(b)to get from the Karnataka Electricity Board or any other Authority, the supply of electricity to extract water from a well sink without obtaining a permit.

16. Powers of the Groundwater Authority:- (1) The Authority shall have power:-

(a) to enter at any reasonable time on any property and to investigate and take any measurement concerning the land or water located on the surface or underground;

(b) to inspect the well which is being sunk or has been sunk and the soils and other materials excavated therefrom;

(d) to require by order in writing the person sinking a well to keep and preserve in the prescribed manner specimen of soils or any material excavated therefore for such period not exceeding three months from the de of completion or abandonment of the work as may be specified by the Authority and thereupon such person shall comply with such requisition;

(e) to inspect and to take copies of the relevant record or documents and to 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, types of strata encountered in the sinking of the well and quality of the water struck) required for carrying out the purposes of this Act;

(f) to serve or cause to be served a notice requiring any user of groundwater to furnish such information or returns in such form at such intervals and with such particulars, as may be prescribed and thereupon such person shall comply with such requisition;

(g) to require the user of groundwater to install water measuring devices if it is necessary to properly administer the water or there is reason to believe that the user of groundwater does not comply with the provisions of this Act or the rules made thereunder or for any other sufficient reason:

Provided that where the user of groundwater does not comply with the requisition issued to him within a period of thirty days, the Authority itself may install such water measuring device and recover the cost from the defaulting user of groundwater;

(h) to seize any mechanical equipment utilized for illegal sinking of well and extraction of groundwater;

(i) to require any user of groundwater who does not comply with the provisions of this Act and the rules made thereunder to close up any water supply or destroy any hydraulic work found to be illegal according to the provisions of this Act and the rules made thereunder:

Provided that where the user of groundwater does not comply with the requisition issued to him within a period of sixty days, the Authority itself ay carry out the necessary work and recover the cost from the illegal user of groundwater;

(j) to enter and search at all reasonable times with such assistance, if any as it considers necessary, any place in which it has reason to believe that offence under this Act has been or is being committed and to order in writing the person who has or is committing the offence not to extract or use the groundwater for a specified period not exceeding thirty days;

(k) to exercise such other powers as may be necessary for carrying out the purposes of this Act or any rules made thereunder.

(2) The provisions of the code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said code.

(3) Where the Authority seizes any mechanical equipment under clause (h) of sub-section (1), it shall as soon as may be inform the Magistrate having jurisdiction to try the offence in respect of such seizure and take his orders as to the custody thereof.

(4) Declaring the Disricts/Taluks as critical – The Karnataka Groundwater Authority shall have the absolute powers to declare any District or Taluk as Drought hit.

(5) The Groundwater estimation shall be made taking Basin as a unit.

(6) The pumping of Groundwater from high yielding Borewells (alove 5000 GPH as yield) should e restricted by installing a pump set not above 5 H.P.

(7) Selling of Groundwater for Domestic/Irrigation:- The person owning a Bore Well/Dug well should obtain prior permission from Karntaka Groundwater Authority and he/she is liable to pay water cess to the Government as prescribed from time to time.

(8)Power to declare water scarcity area:- If at any tire during the course of Monsoon on thereafter the appropriate authority on the advise of the Technical officer having regard to the quantum and pattern of rainfall and any other relevant factor, is of the view that the public drinking water sources in any area of the district are likely to be affected adversely, he may by order declare such area to be water scarcity area for such period as may be specified in the order but not exceeding one year at a time. The Technical Officer shall also verify the rainfall data and shall observe the regular water level fluctuation of the area.

The appropriate authority may during the water scarcity period may order to regulate the extraction of water from any well in such area by restricting or prohibiting such extraction for any purpose other than for drinking water purpose where such well is within a distance of 1 km. of the public drinking water source:

Provided that for the purpose of such regulation under this section:-

(a) The area within one kilometer from the public drinking water source shall be divided into zones as may be advised by the Technical Officer and the priorities referred to clauses (b) and (c) shall be taken into consideration for fixing the priorities;

(b) The well, not being the well from which water is used for the standing irrigated crops, which is nearer the public drinking water source shall be considered as the first priority

(c) The well water from which is being used for the standing irrigated crops shall as far as practicable may be, taken last in the priority.

The order imposing such restriction or prohibition shall be served or caused to be served personally by delivering or tendering the same to the owner of the well atleast 15 days before the commencement of the orders of restriction or prohibition as the case may be.

9. Prohibition of exploitation of water:-

The appropriate authority may, on the advise of the Technical Officer that any existing well in the area of over exploited taluk is found to be adversely effecting any public drinking water source and not withstanding anything contained in any Law for the time being in force and also having regard to material or equipment used in connection with such extraction of water and take any such action as may be required to stop such action and may by order require the owner or the person in possession of the well to close or seal of the well as this expenses and in such manner as the appropriate authority may specify in such order and such owner or person shall comply with such order.

Where such owner or person files to comply with any order made as above the appropriate authority may after giving such owner or person due notice in that behalf enter upon the land and close or seal of the well and the cost incurred thereof shall be recoverable from such owner or person as arrears of land revenue.

9.1 Payment of compensation:-

Where an order of permanently closing down or sealing of the well which is giving substantial yield and which is really useful for irrigation any land or for an industrial use is made the groundwater authority may on making such enquiry and requiring the owner to produce such evidence as he may deem necessary make an order for payment of compensation which shall not be less than the market value of the well including the other expenditure incurred like energisation, there on and structure thereon and the provisions of Land Acquisition Act 1894 with regard to the determination of compensation for the well situated in a land acquired shall apply in determining the marker value of the well.

Provided that, where an order under relates to temporarily closing down or sealing of a well, water from which is used for the irrigated crops standing at the time of making such an order, the compensation of such crop shall also be payable under this section.

Provided further that, whereby virtue of an order made under Rule 2 (O and P) any well which is permanently closed or sealed off is, for any reason whatsoever, allowed to be opened for extracting water there from any subsequent order made for permanently closing down or sealing of such well again shall not entitle the owner thereof to claim compensation for such well.

9.2 Bar to claim compensation:-

Subject to the provisions of para 9.1 , no person shall be entitled to claim any damages or compensation from the Government for any loss sustained by him as a result of any order passed by virtue of any action taken under this act.

CHAPTER – IV

FUNDS, ACCOUNTS AND AUDIT

17. Funds of the Authority:- (1) The Authority shall have and maintain a separate fund called the Karntaka Groundwater Authority Fund to which shall be credited-

(a) such sums as may be placed at the disposal of the Authority from time to time by way of grant or loan or otherwise by the State Government;

(b) grants and loans received from the Central Government;

(d) the proceeds of any fees, charges and fines levied;

(e) such other sums received by the Authority from any other source

(2) The fund shall be applied for the purposes of this Act in such manner as may be prescribed

(3) The fund shall be kept in such deposit and drawn in such manner as may be prescribed.

18. Budget of the Authority:- The Authority shall prepare in such form and at such time every year, as may be prescribed, a budget for the next financial year showing estimated receipts and expenditure of the Authority in respect of the administration of the Act and shall forward to the State Government on such other Authority such number of copies thereof, as may be prescribed.

19. Accounts and Audit:- (1) The Authority shall maintain a true and proper account and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed.

(2) The Accounts of the Authority shall be subject to audit annually by the Controller of State Accounts and as certified by the Controller of the State Accounts, together with audit report thereof, shall be forwarded annually to the State Government.

20. Annual Report:- The Authority shall prepare every year a report of its activities during the year and submit the report to the State Government in such form on or before such date as may be prescribed and the State Government shall cause the same to be laid before each House of the State Legislature.

CHAPTER – V

MISCELLANEOUS

21. Direction of the State Government:- In the discharge of its functions, the Authority shall be guided by such directions not inconsistent with the provisions of this Act as may be given to it by the State Government.

22. Delegation of power:- The Authority may, by general or special order and subject to such restrictions and conditions direct that all or any of the powers under this Act be exercised also by any of its officers and servants or such other officer specified in this behalf in such order.

23. Public to give information regarding contravention of the Act:- (1) Any person who is aware of any contravention of the provisions of this Act, may in writing inform the Authority.

(2) On receipt of such information, the Authority may on enquiry take action to prosecute in respect of such contravention under this Act.

24. Recovery of dues as arrears of land revenue:- If any sum due to the Authority has not been paid within the time stipulated for such payment, it shall be recovered with interest at such rates as may be prescribed as arrears of land revenue.

25. Restriction on publication of information and returns: Any user of groundwater may give notice in writing to the Authority to treat as confidential any specimen taken under clause (C ) of sub-section (1) of section 18 or any other information or return furnished by him under clause (f) of subsection (1) of that section and thereupon the Authority shall not allow that specimen or other information or return except in so far as it contains or affords information as to water resources and supplies and geological conditions to be published or shown to any person (not being an officer of the Government) unless the person giving the notice consents thereto.

26. Service of orders etc.,:- (1) The service of every order under clause (d) of sub-section (1) of section 16 and every notice under clause (f) of sub-section (1) of that section on any person to whom it is by name addressed shall be effected-

(a) by giving or tendering a copy of the said order or notice to such person; or

(b) by sending it in a prepaid letter addressed to him; or

(c ) if such person cannot be found, by affixing a copy of the order or notice to some conspicuous part of his last known abode or place of business or by delivering or tendering the order or notice to some adult male member or servant of his family, or by causing it to be affixed on some conspicuous part of the land or building in which the well is being sunk.

(2) Where the person on who an order or a notice is to be served is a minor, service upon his guardian in the manner provided in sub-section (1) shall be deemed to be service upon the major.

27. Members of employees of the Authority to be Public Servants:- All members and employees of the Authority shall while acting or purporting to act in pursuance of the provisions of this Act or of any rules made there under be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.

28. Protection of action taken in good faith:- No suit prosecution or other legal proceedings shall lie against the State Government, Authority, Chairman or other member of the Authority or any other officer of the State Government or any other employee of the Authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

29. Cognizance and trial of offences:- (1) No Court shall take cognizance of an offence under this Act except on the complaint made with the previous sanction of the Authority by such officer as the Authority may authorize in the behalf:

(2) No Court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act.

30. Offences and penalties:- (1) If any user of groundwater or sinking agency:-

(a) contravenes or fails to comply with any of the provisions of this Act or any rule made thereunder; or

(b) obstructs the Authority or any other person authorized by it to exercise any of the powers under this Act; or

(c ) having been required to furnish any information or return under clause (f) of sub-section (1) of section 16:-

(i) willfully refuses or without lawful excuse, neglects to furnish such information or return; or

(ii) willfully furnishes or causes to be furnished any information or return which he knows to be false, shall be punishable with fine which ma extend to five hundred rupees and for the second and subsequent offence, with imprisonment for a term which may extend to six months or with fine and in the case of continuing failure or contravention with an additional fine which may extend to each fifty rupees for every day during which such failure or contravention continue after conviction for such failure or contravention.

31. Composition of offences:- (1) The Authority or any officer of the Authority authorized by it by general or special order in this behalf may either before or after the institutions of the proceedings compound such offences as may be notified by the State Government by accepting from any person who has committed or I respect of whom a reasonable belief can be inferred that he has committed an offence punishable under this Act or the rules made thereunder, a sum not exceeding the prescribed amount by way of composition of such offence.

(2) Where an offence has been compounded, the offender if in custody, shall be discharged and no further proceeding shall be taken against him in respect of the offence so compounded.

32. Offences by companies:- (1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to the company for the conduct of its business at the time of commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he process that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and that it is proved that the offence has been committed with the consent or connivance of or that the commission of offence is attributable any neglect on the part of any director, manager secretary or other officer of the company, such director, manager secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation:- For the purpose of this Section,-

(a) “Company” means any body corporate and includes a firm or other association of individuals, and

(b) “director”, in relation to a firm means a partner in the firm.

33. Bar of jurisdiction by Civil Courts:- No Civil Court shall have jurisdiction to entertain or decide any suit or other proceeding in respect of any matter which the State Government or the Authority is empowered by this Act to determine and no injunction shall be granted by any court, tribunal or any other authority in respect of any action taken or proposed to be taken by the State Government or the Authority in exercise of the powers conferred by or under this Act.

34. Fines to be credited to the Fund of the Authority:- All fines recovered under this Act by or under the order of a Court shall be paid to the credit of the Fund of the Authority.

35. Punishment under other laws not barred:- Nothing in this Act shall prevent any person from being prosecuted and punished under any other law for the time being in force for any act or omission made punishable by or under this Act:

Provided that no person shall be prosecuted and punished for the same offence more than once.

36. Regulation:- The Authority may with the previous approval of the State Government, by notification, make regulations not inconsistent with the provisions of this Act and the rules made thereunder to carryout the purposes of this Act, in so far as it related to the discharge of its functions under this Act.

37. Power to make rules:- (1) The state Government may after previous publication by notification, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,-

(a) the term of office and manner of filling vacancies and other conditions of service of the Chairman and other members of the Authority;

(b) the powers and duties and the terms and conditions of service of the employees of the Authority;

(d) the form of application under section 11;

(e) the form of the permit and certificate of registration under sections 10 and 11;

(f) the form of application under sub-section (2) of section 13;

(g) the form of licence under sub-section (3) of section 13;

(h) the manner in which the specimens of soils or other material shall be keep and preserved;

(i) the form in which the interval at which the information or return under clause (f) of sub-section (1) of section 16 shall be furnished and the particulars which such information or return shall contain;

(j) any other matter which is to be or may be prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislative while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the seasons immediately following both Houses agree in making any rule or both Houses agree that the rule should not be made, the rule thereafter shall have effect only in such modified from or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.