Himachal: Bill to remove jail provision for violations in boring of tube wells

Shimla, April 6

Chief Minister Sukhvinder Singh Sukhu today said that the sole objective of the HP Ground Water (Regulation and Control of Development and Management) Amendment Bill 2023 was to regulate and monitor the water requirement of the industry and do away with the provision of imprisonment for violations.

Brought in haste, says Thakur

• The Amendment Bill aims to regulate and monitor the water requirement of the industry, said Chief Minister
• The Bill brought in a haste. The provision of arrest and jail must not be removed, said Jai Ram Thakur

Deputy Chief Minister Mukesh Agnihotri, who also holds the charge of the Jal Shakti Department, said that it was an old Act and an amendment was being made only to Section 21 of the Act to do away with the provision of imprisonment for the violation of norms while digging a tube well.

“An individual boring a tube well for personal purpose or irrigation of agriculture and horticulture crops is already exempted from the purview of the Act. Moreover, the fine of Rs 10 lakh has not been increased. The fine will be imposed at the rate of Rs 5,000 per day in case of violations,” he added.

Agnihotri said that the amendment had been proposed after thorough examination and the provision of arrest and imprisonment was being removed to encourage industrialisation. “For boring a tube well, the Jal Shakti Department grants permission within 60 days of the application or else it is deemed to have been granted,” he added.

He said that the move was aimed at facilitating the industry and not discouraging investors through imprisonment for violations in boring for underground water.

Leader of the Opposition Jai Ram Thakur said, “The Bill seems to have been brought in a haste and will have far-reaching implications. It is easy for an industry to pay Rs 10 lakh fine and hence the provision of arrest and jail must not be removed to ensure that there are no violations.”

Thakur said that a separate provision of fine and imprisonment for the industry must be made while those boring a tube well for personal and irrigation purposes must be exempted.

Paonta Sahib MLA Sukh Ram Chaudhary said that even today 84 per cent of agricultural land in Himachal was un-irrigated. Churah legislator Hans Raj said that the Bill must be referred to the Select Committee of the Vidhan Sabha as the situation in the plains and the Terai region of the state was worrisome. The provision of imprisonment must be retained to save the water table from receding further, he added.

Bilaspur (Sadar) MLA Trilok Jamwal, Nalagarh MLA KL Thakur and Nachan MLA Vinod Kumar said that those boring a tube well for personal drinking water requirement should be differentiated from those doing it for commercial and industrial purposes. Bharmour MLA Janak Raj said that rich people would get a free hand to violate norms and hence the provision of arrest should not be removed.