Primary law, Tamil Nadu land law
Tamil Nadu Panchayats (Regulation of Sinking of Wells and Safety Measures) Rules, 2015
The Governor of Tamil Nadu, through the Rural Development and Panchayat Raj Department, issued the Tamil Nadu Panchayats (Regulation of Sinking of Wells and Safety Measures) Rules, 2015 under G.O.Ms. No.26, Rural Development and Panchayat Raj (SGS-3), dated 18th February 2015. The rules require permits for sinking, deepening or rehabilitating wells, registration of well contractors, and safety measures for working, unused and abandoned wells in covered village panchayat areas.
Scope and commencement
The Tamil Nadu Panchayats (Regulation of Sinking of Wells and Safety Measures) Rules, 2015 were issued by the Governor of Tamil Nadu through the Rural Development and Panchayat Raj Department under G.O.Ms. No.26, Rural Development and Panchayat Raj (SGS-3), dated 18th February 2015. The Gazette also appoints 18th February 2015 as the date on which the Tamil Nadu Panchayats (Amendment) Act, 2014 comes into force.
The rules:
- Apply throughout areas covered by the Tamil Nadu Panchayats Act, 1994.
- Exclude revenue villages listed in the Schedule to the Chennai Metropolitan Area Groundwater (Regulation) Act, 1987.
- Cover new wells and the deepening or rehabilitation of existing wells.
- State that they come into force at once.
Permits and contractor registration
The Tamil Nadu Panchayats (Regulation of Sinking of Wells and Safety Measures) Rules, 2015 require a well owner to apply to the President of the Village Panchayat, who is the Executive Authority, in Form A. The application must include a demand draft for Rs.5,000. The Executive Authority may issue a permit in Form B or give written reasons for refusal within thirty days of receiving the application.
A person carrying on the business of sinking, deepening or rehabilitating wells must apply to the District Collector in Form E. The application must include a demand draft for Rs.15,000. The District Collector may grant registration in Form F or give written reasons for refusal within forty five days.
Safety requirements
The Tamil Nadu Panchayats (Regulation of Sinking of Wells and Safety Measures) Rules, 2015 place duties on both owners and contractors:
- The owner must use a contractor holding a valid Certificate of Registration.
- Warning signs and suitable fencing or barriers must be provided.
- A cement or concrete platform must be constructed around the well casing to the stated measurements.
- A drilling pit or well must not be left uncovered during a break in work.
- After completion, mud pits and channels must be filled, ground conditions restored, and the well assembly securely capped.
- Abandoned wells must be filled to ground level using suitable materials.
- The Executive Authority may require additional safety measures by written notice.
Cancellation and appeals
The Executive Authority may cancel a permit for breach of its conditions after giving the holder an opportunity to be heard. The District Collector may similarly cancel a Certificate of Registration.
An appeal against a decision of the Executive Authority must be filed with the District Collector within fifteen days. An appeal against a decision of the District Collector must be filed with the Government within sixty days.
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Common questions
Do I need a permit before deepening an existing well in a village panchayat area?
Yes. The rules apply to deepening and rehabilitation as well as sinking new wells, and the owner must obtain a permit from the Executive Authority before work begins.
Can I employ any borewell or well contractor?
No. The owner must verify that the person executing the work has a valid Certificate of Registration issued by the District Collector in Form F.
What must I do with an abandoned or unused well?
An abandoned well must be filled up to ground level using clay, sand, boulders or other suitable materials. Owners of wells in use or disuse are also subject to the prescribed safety requirements.
Can I appeal if my well permit application is refused?
Yes. An appeal against the Executive Authority's decision must be filed in writing with the District Collector within fifteen days of receiving the decision.
