Bill seeking to protect groundwater passed in Goa; proposes up to Rs 10 lakh fine against offenders

Panaji: The Goa legislative assembly has passed a bill proposing amendments to its ground water regulation law, providing for imposing a fine of up to Rs 10 lakh on those indulging in illegal construction of wells and transportation of ground water.

The Goa Ground Water Regulation (Amendment) Bill was passed on Wednesday evening.

State Water Resources Department Minister Subhash Shirodkar moved the amendments to the Goa Ground Water Regulation Act, 2002. However, Leader of Opposition Yuri Alemao, Congress MLA Carlos Alvares Ferreira and Goa Forward party MLA Vijai Sardesai opposed the move.

The statement of objects and reasons of the Bill mentions that the present quantum of fine as provided in the Act are not effective to deter the activities of illegal sinking/construction of wells and illegal transportation of ground water.

"There is an urgent need to protect groundwater aquifers from pollution and/or contamination. Therefore, the Bill seeks to amend clause (B) of section 17 of the Act so as to enhance the quantum of fines," it reads.

The government said that the water quality of several wells in the state, especially in the urban areas and in the industrial estates, have been deteriorating due to direct or indirect injection of pollutants into the aquifers.

"Many such incidents have come to light wherein industrial effluents were directly released/pumped into the aquifer," it added.

The bill points out that the Union Ministry of Jal Shakti, the Department of Water Resources, River Development and Ganga Rejuvenation, as per directions issued by the National Green Tribunal (NGT), has notified guidelines to regulate and control ground water extraction in India in the notification issued on September 24, 2020.

"As per the provisions contained in clause 16.0 of the guidelines, a penalty of Rs 10 lakh is to be levied for injection of treated/ untreated water into the aquifer systems," it said.

The bill passed in the assembly mentions a fine of Rs 5 lakh for the first offence and Rs 10 lakh for the second and subsequent offences of illegal sinking of a borewell/transportation 15 of ground water in violation of any of the terms and conditions stipulated in the permission granted for transportation of ground water.

The bill also envisages that if anyone obstructs the Ground Water Officer or any other person authorised by him to exercise the powers under this Act, he shall be punishable for the first offence, with fine which may extend to Rs 5,000 and for the second and subsequent offence, with fine which may extend up to Rs 10,000, every time and the well shall be sealed by the officer.

Opposing the bill, GFP MLA Sardesai said the intent to amend the bill is not bad but it may lead to corruption as hefty fines are prescribed in it.

The assembly also passed another bill that proposed amendments to the Goa Irrigation Act, 2024, which provides for imposition of a penalty on the bulk water users who fail to treat the sewage before it is released.

Minister Shirodkar tabled the bill, which inserts a new section in the act, prescribing penalties for the bulk water users, who fail to treat the sewage.

According to the amendment, the bulk user failing to adhere to the guidelines will be charged a penalty of Rs 10 per cubic meter of water supplied to him.

As per the Act, the defection of bulk user of water means "any person, including an institution, a company or an establishment, whether government or not, including a restaurant, a hotel, a multi-dwelling unit, a water treatment plant, a desalination plant or any other commercial or industrial establishment, or an establishment dealing with activity of construction, whose consumption of water exceeds 30 cubic meters per day".

The statement of objects and reasons in the bill mentions that the Department of Water Resources supplies large quantities of water to the bulk users, who are duty-bound to treat sewage before it being released, so as to prevent contamination of water resources in the state.

However, some bulk users do not treat sewage and release it untreated, which pollutes water bodies, fresh water and canal water. The government has to undertake desilting of water bodies and irrigation canals every year by spending huge amounts.

The amount collected by charging penalty can be utilised for improving/enhancing the quality of water resources of the state, it said.