The Goa Ground Water Regulation Act, 2002

 
 

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GOVERNMENT OF GOA 

Department of Law & Judiciary 

Legal Affairs Division 

 

Notification 

7/2/2002-LA 

The Goa Ground Water Regulation Act, 2002 (Goa Act 1 of 2002), which has 

been passed by the Legislative Assembly of Goa on 17-1-2002 and assented to by the 
Governor of Goa on 25-1-2002, is hereby published for the general information of the 

public. 

 

S. G. Marathe, Under Secretary (Drafting). 

 
Panaji, 29th January, 2002. 

The Goa Ground Water Regulation Act, 2002 

(Goa Act 1 of 2002) [25-1-2002] 

AN 

ACT 

 

to regulate and control the development of ground water resources and matters 
connected therewith. 

BE it enacted by the Legislative Assembly of Goa in the Fifty-second Year of the 

Republic of India as follows:— 

1. Short title, extent and commencement.— (1) This Act may be called the Goa 

Ground Water Regulation Act, 2002. 

(2) It extends to the whole of the State of Goa. 

(3) It shall come into force on such date as the Government may, by notification in 

the Official Gazette, appoint. 

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

(a) “Act” means the Goa Ground Water Regulation Act, 2002; 

1[(aa) “acquifer systems” means geological formation capable of storing and 

transmitting ground water;]. 

(b) “Cell” means the ground water cell constituted under the Act; 

(c) “Government” means the Government of Goa; 

(d) “ground water” means the water under the surface of the earth regardless of the 

geological structure in which it is stationery or moving and includes all ground water 

reservoirs; 

(e) “Ground Water Officer” means the Ground Water Officer authorised and/or 

appointed by the Government to perform the functions of the Ground Water Officer 

under this Act; 



 
 

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(f) “prescribed” means prescribed by rules made under this Act; 

(g) “sink” with all its grammatical variations and cognate expressions in relation to 

a well shall include any digging, drilling or boring of a well or deepening carried out 

to the existing wells; 

(h) “source of water” means the water which exists in the nallahs, wells, rivulets, 

rivers, lakes, ponds, bore wells, tube wells, canals, springs, etc.; 

(i) “user of ground water” means the person or persons or an institution including a 

company or an establishment, whether Government or not, who or which own or use 

or draw ground water for any purpose, including domestic, industrial, environmental, 

ecological and agricultural use, made either on a personal, institutional or community 

basis; 

(j) “well” means a well sunk for the search or extraction of ground water by 

person or persons except by the authorised Officials of the State or Central 

Government’s, for carrying out scientific investigations, exploration, development or 

management work for the survey and assessment of ground water resources and 

includes open well, dug well, sunk well, bore well, tube well, tank, pond, dug-cum- 

bore well, filter point, collector well and infiltration gallery. 

3. Constitution of Ground Water Cell.— (1) The Government shall constitute a 

ground water cell for carrying out the purposes of this Act. 

(2) The Chief Engineer of the Department of Water Resources of the Government 

shall be the ex-officio Head of the cell besides other members who may be appointed by 

the Government. 

(3) The Government, in consultation with the Cell, may designate, by notification, 

any person serving in connection with the affairs of the Government including any 

person serving in the Cell itself, as the Ground Water Officer for the purposes of this 

Act. 

(4) The Ground Water Officer shall function under the direct control and 

superintendence of the Cell. 

4. Declaration of Scheduled, Water Scarcity and over exploited areas.— (1) 

Having regard to the potential of availability of ground water and other relevant factors, 

the Government, in consultation with the Cell, may declare, by notification, any area in 

the State as a Scheduled area. 

(2) Having regard to the quantum and pattern of rainfall and other relevant factors, 

the Government, in consultation with the Cell, may declare, by notification, any area in 

the State as Water Scarcity area for a period not exceeding six months at a time. 

(3) Having regard to the ‘depleted levels of water table and other relevant factors, the 

Government, in consultation with the Cell, may declare, by notification, any area in the 

State as an over exploited area. 

5. Registration of existing well and permission for sinking a new well in the 

Scheduled area.— (1) The user of an existing well in a Scheduled area shall, within a 

period of sixty days from the date of commencement of this Act, apply to the Ground 



 
 

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Water Officer for registration of an existing well, in the prescribed form and manner: 

Provided that the Ground Water Officer may entertain any application for registration 

of an existing well after the expiry of the said period of sixty days, on payment of such 

late fee as may be prescribed, if he is satisfied that the owner of the existing well was 

prevented by sufficient cause from filing the application in time. 

(2) The details to be furnished in an application under sub-section (1) shall include 

the following, namely:— 

(i) the description of the source of water, such as type of wells, its exact location; 

(ii) the lifting device used; 

(iii) the quantity of drawal of ground water and hours of operation per day; 

(iv) the total period of use in each year; 

(v) the purpose or purposes for which ground water is being extracted; 

(vi) in case of irrigation well, the location and extent of area irrigated; 

(vii) in case of State, municipalities or community run water supply schemes, the 

details of the services involved in addition to the quantities of water extracted, the 

diversion or pumping points and their locations; 

(viii) the year of construction and the year of commissioning. 

(3) No person shall sink a well in a Scheduled area unless he has obtained permission 

in this behalf from the Ground Water Officer. Any person desirous of sinking a well 

shall apply, in the prescribed form and manner, to the Ground Water Officer for grant of 

permission and shall not proceed with any activity connected with sinking of the well 

unless permission is granted to him by the Ground Water Officer. 

(4) On receipt of an application under sub-section (1) or sub-section (3), if the 

Ground Water Officer is satisfied that it shall not be against the public interest to do so, 

he may grant a certificate of registration of an existing well authorising the continued use 

of the well or grant permission for the sinking of new well, as the case may be, subject to 

such conditions and restrictions and collection of such charges as may be prescribed 

from time to time: 

Provided that no person shall be refused a certificate of registration of an existing 

well or permission for sinking a new well unless he has been given an opportunity of 

being heard. 

(5) The decision regarding the grant or refusal of the certificate of registration, or 

grant or refusal of permission, as the case may be, shall be intimated by the Ground 

Water Officer to the applicant as far as possible within a period of 90 days from the date 

of receipt of application. Where it is not possible for the Ground Water Officer to grant 

the certificate of registration of an existing well or to grant permission for sinking a new 

well, as the case may be, the Ground Water Officer shall intimate the reasons therefor to 

the applicant so that he may make a fresh application after curing the defects if any 

specified therein. 

(6) In granting or refusing a certificate of registration or granting or refusing 



 
 

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permission under sub-section (4), in the prescribed form and manner the Ground Water 

Officer shall have regard to:— 

(a) the purpose or purposes for which the water is to be used or well is to be sunk; 

(b) the existence of other competitive users; 

(c) the existence of other wells in the locality; 

(d) the availability of ground water; 

(e) quality of ground water with reference to the use; 

(f) spacing of the ground water structures keeping in consideration the purpose for 

which water is to be used; 

(g) long term ground water behaviour; 

(h) the lifting devices proposes to be used; 

(i) the quantity of ground water withdrawal and hours of operation per day; 

(j) the effect of water availability in the nearby well; and 

(k) any other relevant or connected factors. 

(7) The certificate of registration in respect of an existing well or the permission for 

sinking a new well shall be valid for a maximum period of five years from the date of 

issue of the certificate of registration or the permission, as the case may be, and after 

expiry of the period of five years, the well shall have to be freshly registered in 

accordance with the procedure laid down herein. 

(8) If a registered well, whether an existing well or a newly sunk well, becomes 

defunct, this fact should be immediately brought to the notice of the Ground Water 

Officer, by the user of the ground water of the said well. 

6. Grant of permission to transport ground water in the Scheduled area.— (1) 

No person shall transport ground water from a source of water in Scheduled area, more 

than 30,000 litres annually, by any means of surface transport or by pipeline without the 

permission of the Ground Water Officer. 

(2) Any person desirous of transporting more than 30,000 litres of ground water 

annually from a source of water in a Scheduled area by any means of surface transport or 

by pipeline shall apply, in the prescribed form and manner, to the Ground Water Officer 

for the grant of permission and shall not proceed with any activity connected with the 

transportation unless permission has been granted by the Ground Water Officer. 

(3) On receipt of an application under sub-section (2), if the Ground Water Officer is 

satisfied that it shall be in the public interest to do so, he may grant permission for 

transporting the ground water, subject to such terms, conditions and restrictions as may 

be prescribed, or refuse to grant the permission: 

Provided that no permission shall be refused unless the applicant has been given an 

opportunity of being heard. 

(4) The decision regarding the grant or refusal of permission shall be intimated by the 

Ground Water Officer to the applicant as far as possible within a period of 90 days from 



 
 

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the date of receipt of the application. Where it is not possible for the Ground Water 

Officer to grant the permission for transportation of ground water, the Ground Water 

Officer shall intimate the reasons therefor to the applicant so that he may make a fresh 

application after curing the defects if any specified therein. 

(5) In granting or refusing to grant permission under sub-section (3), the Ground 

Water Officer shall have regard to the following matters, namely:— 

(a) the purpose or purposes for which permission to transport ground water is 

sought; 

(b) the existence of other competitive users; 

(c) the existence of other wells in the locality; 

(d) the availability of ground water; 

(e) the quality of ground water with reference to use; 

(f) the long term ground water behaviour; 

(g) the lifting device proposed to be used; 

(h) the quantity of ground water drawal and hours of operation per day; 

(i) the effect on the availability of water in the nearby well; 

(j) any other relevant or connected factor. 

(6) Every permission granted under sub-section (3) shall be valid for a maximum 

period of one year and after expiry of said period of one year, the permission, if required 

again, shall have to be freshly applied for, in accordance with the procedure laid down 

herein. 

7. Powers to alter, amend or vary the terms of registrations and permissions.— 

At any time after the grant of registration or permission under section 5 or section 6 as 

the case may be, the Ground Water Officer may, for technical reasons, alter, amend or 

vary the terms of the registration or permission after providing the holder of registration 

or permission, as the case may be, an opportunity of being heard. 

8. Cancellation of permission/certificate of registration.— If the Ground Water 

Officer is satisfied, either on a reference made to him in this behalf or otherwise, that,— 

(a) the registration or permission granted under section 5 or section 6, as the case 

may be, is not based on true facts; or 

(b) the holder of the registration, or permission, as the case may be, has, without a 

reasonable cause, failed to comply with the conditions subject to which the 

registration or permission had been granted or contravened any provisions of this Act 

or the rules made thereunder; or 

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

water, without prejudice to any penalty to which the holder of the registration or 

permission, as the case may be, may be liable under this Act, the Ground Water 

Officer may, after giving the holder of the registration or permission, as the case may 



 
 

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be, an opportunity to show cause, by order, cancel the registration or permission, as 

the case may be. 

9. Protective measures in Water Scarcity Areas or over exploited areas.— (1) 

Upon declaration of any area as Water Scarcity area or as over exploited area, the 

Ground Water Officer may, for the duration of the period for which the area remains so 

declared, by order,— 

(a) prohibit the sinking of new wells in such area for any other purpose other than 

drinking, except with the permission of the Ground Water Officer, and the procedure 

laid down in section 5 of this Act shall, mutatis mutandis, apply to the disposal of an 

application received for sinking a well in that area for the said duration: 

Provided that no restriction shall be imposed in a water scarcity area to the sinking of 

a well on behalf of the Government or a local authority for being used as a public 

drinking water source: 

Provided further that the Ground Water Officer shall grant the permission to sink a 

well subject to,— 

(i) the condition that the Ground Water Officer may, for reasons to be recorded 

in writing, by order, prohibit, restrict or regulate the extraction of water from such a 

well for such a period as may be specified in such order, if, in his opinion, it is 

necessary to do so in the public interest; and 

(ii) such other conditions and restrictions as may be prescribed, 

(b) prohibit the extraction of water or impose such restrictions as may be 

considered necessary on the drawal of water from any existing well in such area if it is 

found to be adversely affecting any public drinking water source. 

10. Protective measures in over exploited Areas.— (1) Upon declaration of any 

area as an over exploited area,— 

(a) no person shall sink a well in that area unless he has obtained the permission of 

the Ground Water Officer and the procedure laid down in section 5 of this Act shall, 

mutatis mutandis, apply to the receipt and disposal of an application received for 

sinking a well in that area: 

Provided that no restrictions shall be imposed in an over exploited area to the sinking 

of a well on behalf of the Government or a local authority for being used as a public 

drinking water source: 

Provided further that the Ground Water Officer shall grant the permission to sink a 

well in that area subject to,— 

(i) the condition that the Ground Water Officer may, for reasons to be recorded in 

writing, by order, prohibit, restrict or regulate the extraction of water from such a well 

for such period as may be specified in such an order, if, in his opinion, it is necessary to 

do so in the public interest; and 

(ii) such other conditions and restrictions as may be prescribed, 

(b) the Ground Water Officer may prohibit, by order, the extraction of water from 



 
 

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any existing well during the period of six months from 1st February to 31st July, 

every year. 

11. Closing down of existing well in over exploited area.— If an existing well is 

found to be adversely affecting any public drinking water source, the Ground Water 

Officer may, by order, after giving the owner a reasonable opportunity of being heard, 

direct him to stop the extraction of water forthwith and close or seal the well, either 

temporarily or permanently, having regard to the extent to which it so adversely affects. 

12. Payment of compensation for closing down an existing well in over exploited 

area.— Where an order of permanently closing down or sealing of an existing well is 

made under section 11, the Ground Water Officer 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 be not less than the market value of the well 

and structures thereon and the provisions of the Land Acquisition Act, 1894 (Central Act 

1 of 1894), with regard to the determination of compensation of the well shall apply in 

determining the market value of the well under this section as though the well is sought 

to be acquired under that Act. No such compensation shall be paid in the case of 

temporary closing down of an existing well in an over exploited area: 

Provided that, in the case of closing down of an existing well, permanently or 

temporarily, in an over exploited area, if water from that well was being used for 

irrigating crops standing at the time of making such an order, the compensation for such 

crops which shall be the market value of the standing crops based on the average yield of 

the preceding three years, shall be payable under this section: 

Provided further that, if, for any reason, any well which had been permanently closed 

or sealed, is allowed to be re-opened for extracting of water therefrom, any subsequent 

order made for permanently sealing or closing down such well again, shall not entitle the 

owner thereof to claim compensation for the well and the structures thereon except the 

compensation for the standing crops which shall be determined as aforesaid in the for 

going proviso. 

13. Power of Ground Water Officer.— (1) The Ground Water Officer or any 

person authorized by him in writing in this behalf, shall have the following powers, 

namely:— 

(a) to enter on any property (private or Government) with the right to investigate 

and make any measurements concerning the land or water located on the surface or 

underground; 

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

excavated therefrom; 

(c) to take specimens of such soils or other materials or of water extracted from 

such wells; 

(d) to require, by order in writing, the person sinking a well to keep and preserve in 

the prescribed manner specimens of soils or any materials 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 Ground Water Officer and thereupon such 

person shall comply with such order; 



 
 

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(e) to inspect and to take copies of the relevant record or documents and ask any 

question necessary for obtaining information (including diameter or depth of the well 

which is being sunk; the level at which the water is or was struck and subsequently 

restored/rested, the type of strata encountered in sinking of the well and the quality of 

the water struck) required for carrying out the purposes of the Act; 

(f) to require the user of ground water to install water measuring device on any 

water supplies when necessary to properly administer the water or where there is a 

reason to believe that the user does not comply with the provisions contained in this 

Act or any other sufficient reason for defending the public interest: 

Provided that where the user of ground water doesn’t comply with the requisition 

issued to him within a period of thirty days, the Ground Water Officer may install such 

water measuring device and recover the cost from the defaulting user of ground water; 

(g) to seize and keep custody of any equipment/device utilised for illegal sinking 

and close the work executed, partly or fully; 

(h) to require any user of ground water, who does not comply with the provisions 

of this Act and the rules framed thereunder, to close down any water supply or destroy 

any hydraulic work found to be illegal according to the provisions of this Act and the 

rules framed thereunder: 

Provided that where the user of ground water does not comply with the requisition 

issued to him within a period of thirty days, the Ground Water Officer may himself carry 

out the necessary work and recover the cost from the illegal user as arrears of land 

revenue; 

(i) to enter and search with assistance, if any, as he considers necessary, any place 

in which the Ground Water Officer has 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; 

(j) to exercise such other powers as may be necessary for carrying out the purposes 

of this Act or any rules made thereunder; 

(k) to advise the State Electricity Department for withdrawing/stopping power 

supply to the existing well in case of violation of any provision of this Act; 

(1) to monitor that the State Electricity Department does not energise the wells 

without clearance from the Ground Water Officer; 

(m) to close the use of toilet/septic tank/soak pit if it is found that it is polluting the 

well. 

(2) The power conferred by this section includes the power to break open the door of 

any premise where sinking, extraction and use of ground water may be going on: 

Provided that the power to break open the door shall be exercised only after the 

owner or any other person in the occupation of the premises, if he is present therein, 

refuses to open the door on being called to do so. 

(3) 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 



 
 

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any search or seizure made under the authority of a warrant issued under section 93 of 

the said Code. 

14. Powers of the Ground Water Officer regarding closure of the well and 

seizure of materials and equipment.— (1) On a complaint made or otherwise, about 

any contravention of any of the provisions of this Act, the Ground Water Officer may, 

by an order in writing, call upon the owner or the person in possession of the well to stop 

the extraction of water and any other contravention forthwith. 

(2) Where the owner or person in possession of the well fails to comply with the 

order given under sub-section (1), the Ground Water Officer or an Officer duly 

authorised by him, may enter upon the land, remove obstructions, if any, close the 

pumping of water, disconnect the power supply, seize any material or equipment used 

with such extraction of water and take such action as may be required, and may close or 

seal the well. 

(3) The closure of a well shall be made and a list of all materials and equipments 

seized shall be prepared in the manner prescribed. 

(4) Where the Ground Water Officer or an Officer authorised by him has closed or 

sealed the well under sub-section (2), the cost incurred thereof shall be recovered from 

such owner or person as arrears of land revenue. 

15. Service of orders, etc.— (1) Every Order under this Act shall be served,— 

(a) by giving or tendering the order or notice or by sending it by post to the user for 

whom it is intended; or 

(b) if the user cannot be found, by affixing the order or notice on some 

conspicuous part of his last known abode or place of business or by giving or 

tendering the order or notice to some adult male member of his family or servant 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 whom the order or 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 notice 

served upon the minor. 

16. Protection against action taken in good faith.— No prosecution, suit or other 

legal proceedings shall be instituted against the Government, the Ground Water Officer 

or his authorised representatives for anything done or intended to be done in good faith 

under this Act, or the rules made thereunder. 

17. Offences and Penalties.— 

(A) For non-receipt of information: 

If any user,— 

(a) contravenes or fails to comply with any of the provisions of this Act or rules 

made thereunder, in supplying information as prescribed; or 

(b) obstructs the Ground Water Officer or any other person authorised by him to 

exercise any powers under this Act, 



 
 

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he shall be punishable— 

(i) for the first offence, with fine which may extend to rupees one thousand; and 

(ii) for the second and subsequent offence, with fine which may extend to rupees 

two thousand, every time. 

2[(B) For illegal sinking/construction and/or use of well, or transportation of 

ground water: 

If any person/user,— 

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

made thereunder, in sinking of an open well or bore well or transportation of ground 

water; or 

(b) obstructs the Ground Water Officer or any other person authorized by him to 

exercise the powers under this Act, 

he shall be punishable with fine as specified in the table below,— 

 
TABLE 

 

 For illegal sinking of an open 

well/illegal transportation of 

ground water 

For illegal sinking of a bore 

well/ transportation of ground 

water violation of any of the 

terms and conditions 

stipulated in the permission 

granted for transportation of 

ground water. 

For the first 
offence 

Fine which may extend for 
rupees five thousand only 

Fine which may extend to 
rupees five lakhs only. 

For the second 
or subsequent offence 

Fine which may extend to 
rupees ten thousand only 

Fine which may extend for 
rupees ten lakhs only. 

3[(C) For polluting or contaminating ground water by injecting treated/untreated 

water into the aquifer systems: 

If any person/user,— 

(a) pollutes or contaminates ground water by injecting treated or untreated water into 

the aquifer systems; or 

(b) obstructs the Ground Water Officer or any other person authorized by him to 

exercise the powers under this Act, 

he shall be punishable with a fine of rupees ten lakhs and the well if any sunk, shall 

be filled and permanently sealed and the expenditure incurred thereto shall be recovered 

from such person/user.] 

18. Compounding of Offences.— Any offence under this Act may be compounded 

by the Ground Water Officer, either before or after the institution of proceedings, subject 

to such conditions as may be prescribed. 

19. Offences by Companies.— Whenever an offence under this Act has been 

committed by a Company, every person who, at the time the offence is committed, was 

in charge of, or was responsible to the Company for the conduct of the business of the 



 
 

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Company, shall be deemed to be guilty of the offences and shall be liable to be 

proceeded against and punished accordingly: 

Provided that nothing contained in this section shall render any such person liable to 

any punishment under this Act if he proves that the offence was committed without his 

knowledge or that he exercised all due diligence to prevent the commission of such 

offence. 

Explanation.— For the purpose of this section, “Company” means any body 

corporate and includes a firm or other association of individuals. 

 

20. Appeals.— (1) Any person aggrieved by a decision or action of the Ground 

Water Officer under this Act, may, within a period of thirty days from the date on which 

the action is taken or the decision is communicated to him and on payment of such fees 

as may be prescribed, prefer an appeal to the prescribed authority: 

Provided that, the prescribed authority may entertain an appeal after the expiry of the 

said period of thirty days, if it is satisfied that the applicant was prevented by sufficient 

cause from filing the appeal in time. 

(2) On receipt of an appeal under sub-section (1), the prescribed authority shall, after 

giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously 

as possible. 

21. Requisition of wells.— (1) The Ground Water Officer may, in public interest, for 

providing water for drinking purposes, requisition any well or water source from its 

owner after due notice in such a manner and in such form as may be prescribed and for 

such period as may be specified in the order but in no case exceeding six months at a 

time. 

(2) For a well requisitioned under sub-section (1), a compensation for the use of the 

well for extraction of water therefrom shall be paid to the owner, and such compensation 

shall be decided by the Ground Water Officer. 

(3) In determining the compensation to be awarded for the compulsory requisitioning 

of a well or a water source under this Act, the Ground Water Officer shall take into 

consideration,— 

(a) the market value of the standing crop, if any, based on average yield of the 

preceding three years; 

(b) the damage sustained by the owner of the well or the water source by depriving 

him of the use thereof; and 

(c) the generation charges including wear, and tear of the pump and other 

accessories in cases where the Ground Water Officer decides to retain such facilities 

while requisitioning the well or the water source. 

22. Power to charge fees.— The Government may charge such fees as may be 

prescribed for any permission granted under this Act. 

23. Protection measures for public drinking water source and existing ground 

water structures in non-scheduled areas.— (1) Having regard to the interest of the 



 
 

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general public to have supply of the requisite quantity of water for drinking purposes 

from the drinking water sources and to protect the existing ground water structures used 

for drinking and other essential purposes, no person shall sink any well for any purpose 

in the vicinity of the drinking water source within a distance of one hundred metres of 

such source or ground water structure. No person shall extract for the purpose of 

transporting water from a well if another well or ground water source is located within a 

limit of one hundred meters. 

(2) A person desirous of sinking a well for any purpose, within a distance of one 

hundred metres of a drinking water source or existing ground water structure, may do so 

only with the prior permission of the Ground Water Officer. 

(3) A person desirous of transporting ground water from a well, if another well is 

located within a distance of one hundred metres of a drinking water source or ground 

water structure, may do so only with the prior permission of the Ground Water Officer. 

(4) An application made for the permission under sub-section (2) or sub-section (3) 

shall be made to the Ground Water Officer in the prescribed form and manner and the 

procedure laid down for grant of permission to sinking of a well or transportation of 

water in a Scheduled area under sections 5 or 6 of this Act, shall, mutatis mutandis, 

apply to an application made for sinking of a well or transportation of water in a non- 

scheduled area: 

Provided that every permission granted under this section shall be subject to:— 

(a) the condition that the Ground Water Officer may, for reasons to be recorded in 

writing, by order, prohibit, restrict or regulate from time to time the extraction of 

water from such well if in his opinion it is necessary to do so in the public interest; 

(b) such conditions and restriction, as may be prescribed. 

24. Offences under this Act to be cognizable.— (1) Any offence punishable under 

this Act shall be cognizable offence within the meaning of the Code of Criminal 

Procedure, 1973 (Central Act 2 of 1974). 

(2) No court shall take cognizance of any offence punishable under this Act, except 

upon a complaint in writing by the Ground Water Officer or an Officer generally or 

specially authorised by the Government in this behalf. 

25. Provisions of this Act to have overriding effect.— The provisions of this Act 

and the orders issued or made under this Act shall have effect notwithstanding anything 

to the contrary contained in any other law for the time being in force. 

26. Power to make rules.— (1) The Government may, by notification in the Official 

Gazette, 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 form and manner in which application shall be made under this Act; 

(b) the form and manner in which orders shall be passed by the Ground Water 

Officer; 



 
 

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(c) the manner in which the specimens of soils or other materials shall be kept and 

preserved; 

(d) conditions subject to which offences may be compounded; 

(e) prescribing the authority to hear appeals; 

(f) the fees to be charged under the Act; 

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

27. Laying of the notifications and rules before the Legislative Assembly.— All 

notifications and rules made under this Act shall be laid before the Legislative Assembly 

as soon as may be when the Legislative Assembly is in session and if not in session, 

immediately on reassembly of the Legislative Assembly and the Legislative Assembly 

shall have power to annul or modify the notification or rules so laid by a 

resolution adopted for that purpose. On adoption of a resolution for annulment or 

modification of any notification or any rule, the notification or the rule shall be of no 

effect or shall stand modified accordingly. 

 

 

Secretariat Annexe, V. P. SHETYE, 

Panaji. Secretary to the Government of Goa, 

Dated: 29-1-2002. Law Department (Legal Affairs). 
 

 
 

 

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1. Inserted vide Amendment Act, 2024 

2. Substituted by the Amendment Act 2024. Original provisions read as follows:- (B) For illegal sinking/construction and/or use 

of wells and/or transportation of water and/or polluting and contaminating ground water: 

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

(b) obstructs the Ground Water Officer or any other person authorised by him to exercise the powers under this Act,he 

shall be punishable— (i) for the first offence, with fine which may extend to rupees five thousand; 
2[(ii) for the second and subsequent offence, with fine which may extend upto rupees ten thousand, every time and the 

well shall be sealed by the Ground Water Officer.] 

3. Clause (c) inserted vide Amendment Act 2024.