Beneath the paddy fields, tea gardens, towns, and mangrove forests of West Bengal lies a very important but threatened resource—groundwater. This hidden water source supports the daily needs of more than 10 crore people. It provides drinking water, helps farmers grow crops, and supports many industries. Almost three-fourths of the state’s farmers depend on it, and millions of rural families use hand pumps and tube wells for their everyday needs.
However, too much pumping, unplanned development, growing industries, and serious arsenic pollution have put this vital resource in danger. In many districts, groundwater levels are falling, and in coastal areas, salty seawater is entering the aquifers. To deal with these problems, West Bengal introduced the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005—one of the first state laws in India to manage groundwater in a planned and scientific way.
Now, almost twenty years later, as the problems grow even more serious, this law has become even more important. This article explains the main goals of the Act, how it works, what penalties it includes, the challenges in its implementation, and the steps needed for the future.
Purpose and Scope: Protecting Quantity and Quality
The Act (effective from 15 September 2005) applies across the state. It aims to:
- Regulate extraction of groundwater
- Prevent overuse and misuse
- Monitor groundwater quality, especially arsenic and fluoride
- Ensure sustainable supply for drinking, irrigation, and industries
West Bengal’s chronic arsenic problem, affecting districts like Nadia, Murshidabad, and Malda, makes this law’s quality-control provisions especially crucial. The Act covers almost all users—from farmers to factories—because groundwater stress in one area can affect entire communities.
Three-Tier Institutional Mechanism
To implement its objectives, the Act establishes a scientifically driven governance structure:
- State Level Authority (SLA)
- Operates under the State Water Investigation Directorate (SWID)
- Includes hydrogeologists, technical experts, and CGWB members
- Approves high-capacity wells and formulates state policies
- District Level Authorities (DLAs)
- Conduct groundwater assessments
- Identify stressed, critical and contaminated zones
- Prepare five-year district status reports
- Corporation Level Authority (CLA)
- Manages high-demand areas in and around Kolkata
- Regulates deep tube wells, commercial extraction, and urban pressures
This system ensures both scientific rigour and local-level decision-making.
Regulation and Control: Permits, Registration, and Monitoring
To prevent over-extraction and contamination, the Act uses several regulatory tools:
- Permit for New Wells
- Any new groundwater extraction structure with a powered pump requires permission (Form I).
- High-capacity deep tube wells need approval from the SLA.
- Mandatory Registration of Existing Wells
- All existing wells must be registered (Form VII), enabling the government to maintain an accurate groundwater inventory.
- Monitoring, Inspection, and Metering
Authorities have the power to inspect wells, install water meters, test the quality of water, issue improvement notices, and seal or control wells that draw excessive amounts of groundwater.
- Exemptions for Essential Services
Certain essential establishments—fire services, emergency infrastructure—receive exemptions.
- Appeals
Users may appeal before designated authorities if they are aggrieved by permit or registration decisions.
Under the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005 and the Rules of 2006, any person aggrieved by an order regarding grant, refusal, renewal, or cancellation of a permit/registration certificate issued by the District/Corporation/State Level Authority (or their authorised officers) may file an appeal under Rule 17 within 30 days to the designated appellate authority in the Water Resources Investigation & Development Department, Government of West Bengal.
The appellate authority varies according to the discharge capacity of the well: for wells up to 30 m³/hour (Categories 1 and 2), the appeal lies before an officer not below the rank of Joint Secretary authorised by the Secretary, WRIDD; for wells above 30 m³/hour (Categories 3 and 4), the appeal lies directly before the Secretary, WRIDD (or any officer discharging the functions of the Secretary), Writers’ Buildings, Kolkata-700001.
The prescribed appeal fee ranges from ₹500 to ₹5,000 depending on the category, and the appellate authority is required to dispose of the appeal within 60 days after giving both parties a reasonable opportunity of being heard; the decision of the appellate authority is final under the Act/Rules.
What Constitutes an Offence?
The Act treats the following activities as offences:
- Drilling or constructing a well without permission
- Using or installing a powered pump without a permit
- Failing to register an existing well
- Tampering with water meters or obstructing inspections
- Providing false information in applications or reports
- Extracting water in violation of conditions imposed by SLA, DLA, or CLA
- Disobeying directions issued by the authorities
- Polluting groundwater or allowing contamination to spread
These offences cover both extraction-related and quality-related violations.
Penalties: Fines, Imprisonment, and Sealing of Wells
The West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005 provides robust enforcement mechanisms primarily through the following provisions:
Section 16 defines offences and prescribes penalties, including fines up to ₹50,000 and/or imprisonment for:
- extracting groundwater without a valid permit,
- constructing or deepening wells without permission,
- obstructing authorised officers,
- providing false information, or
- violating permit conditions.
Subsequent offences attract higher fines (up to ₹1 lakh) and possible imprisonment.
Section 10 empowers the competent authority to:
- enter and inspect premises/wells,
- direct installation of water meters,
- seize drilling rigs/machinery used in illegal operations,
- disconnect electricity supply to unauthorised wells, and
- seal, dismantle, or close down illegal wells.
All costs incurred in such actions are recoverable from the offender as arrears of land revenue.
Section 18 establishes corporate liability; where an offence is committed by a company, every director, manager, secretary, or other officer who consented to, connived in, or whose negligence led to the violation shall be personally liable.
These provisions collectively enable the authorities to impose monetary penalties, imprisonment, physical sealing/dismantling of illegal wells, disconnection of power supply, seizure of equipment, and cost recovery, thereby ensuring effective regulation and conservation of groundwater resources in West Bengal.
The West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005 does not contain any explicit provision designating the offences under Section 16 (or elsewhere) as cognizable or non-bailable.
The Act lacks a dedicated section on cognizance of offences (e.g., no Section 17 equivalent to similar laws like the Water (Prevention and Control of Pollution) Act, 1974) or any clause addressing bailability/cognizability. Cognizance can thus only be taken on a complaint from the competent authority (as implied under Section 19, which deems offences compoundable), and arrests without warrant are not permitted.
While authorities have strong civil/administrative powers under Section 10 (e.g., sealing wells, seizing equipment), criminal proceedings for violations rely on the above BNSS defaults, prioritizing fines and compounding over immediate arrests.
Under Section 5 of the Act, the Corporation Level Authority has jurisdiction over the Kolkata Municipal Corporation area and is composed of the Municipal Commissioner as Chairman, the CEO of KMDA, two nominated elected representatives, one CGWB expert, two groundwater experts, two eminent local persons, one representative each from the Public Health Engineering Directorate and the State Pollution Control Board, and the Superintendent Geologist of SWID as Member-Secretary.
Under Section 12 of the Act, the State Level Authority may, through a written order, delegate any of its powers or duties to the District or Corporation Level Authority under specified conditions.
Under Section 13 of the Act, all members, officers, employees, and authorised persons of the State, District, and Corporation Level Authorities are deemed to be public servants, as defined in Section 21 of the Indian Penal Code (Now Section 2 (28) of the Bharatiya Nyaya Sanhita, 2023), when acting or appearing to act under the provisions of this Act or its rules.
Under Section 14 of the Act, no prosecution or legal proceeding can be initiated against the State, District, or Corporation Level Authorities—or any of their members, officers, employees, or authorised persons—for actions taken or intended to be taken in good faith under the Act or its rules.
Under Section 15 of the Act, no prosecution can begin for any offence without the written consent of the State Level Authority.
Under Section 17 of the Act, any offence may be settled by the State Level Authority, either before or after legal proceedings begin, in the manner prescribed by the rules.
Under Section 21 of the Act, the provisions of this law override anything inconsistent in any other existing law, court judgment, tribunal order, or legal instrument, ensuring that this Act prevails in case of conflict.
Strengths of the Act
The Act is considered one of India’s most forward-looking and effective groundwater laws because of its strong and balanced approach. Some of its major strengths include:
- A solid scientific foundation, with decisions based on hydrogeological studies, groundwater surveys, and long-term data.
- Attention to both quantity and quality, ensuring that groundwater is not only available but also safe from contaminants like arsenic and fluoride.
- A clear system of penalties and enforcement, which allows authorities to control illegal extraction, seal unlawful wells, and take action against violators.
- Active involvement of communities and NGOs, helping to spread awareness, encourage local monitoring, and build a sense of shared responsibility.
- Alignment with global goals, especially the United Nations’ Sustainable Development Goal 6 (Clean Water and Sanitation), which promotes safe, sustainable, and fair access to water.
These strengths make the Act a strong framework for managing and protecting West Bengal’s groundwater resources.
Weaknesses and Implementation Challenges
Even though the Act is strong on paper, several problems continue to hold back its full success:
- Many rural wells are still unregistered, which means the government does not have a complete picture of how much groundwater is being used.
- District authorities often lack enough staff, equipment, and technical experts, making it difficult to monitor extraction and enforce rules properly.
- In several industrial areas like Howrah, Durgapur, and Haldia, factories draw large amounts of groundwater without strict supervision.
- Penalties and punishments exist in the law, but they are not used often, so violators do not feel enough pressure to follow the rules.
- Climate change is making the situation worse, as rising temperatures and erratic rainfall are spreading arsenic contamination and allowing saltwater to enter coastal aquifers in the Sundarbans.
As a result of these combined pressures, groundwater levels in some districts of North Bengal have been falling by 0.5 to 1 meter every year. This sharp decline shows that enforcement must become stronger and more consistent if the Act is to truly protect Bengal’s underground water.
Judicial and NGT Involvement
Even though there are not many court cases directly based on the West Bengal Ground Water Resources Act, 2005, the law is often mentioned in hearings related to groundwater problems. The National Green Tribunal (NGT) regularly refers to this Act, especially when dealing with cases about arsenic pollution, unsafe drinking water, and contamination in districts like Nadia, Murshidabad, and Malda. These references show that the Act is considered an important legal tool for protecting groundwater quality.
Several Public Interest Litigations (PILs) have also been filed, asking the government to enforce the Act more strictly. People have demanded better monitoring of tube wells, compulsory installation of meters, and stronger action against industries and farms that over-extract water.
Courts often depend on detailed reports prepared by agencies such as the State Water Investigation Directorate (SWID) and the Central Ground Water Board (CGWB). These reports provide scientific data on groundwater levels, recharge rates, and contamination. The judiciary has repeatedly stressed that decisions must be based on accurate, reliable, and updated data, which makes high-quality scientific studies essential for proper implementation of the Act.
The Road Ahead: What West Bengal Must Achieve by 2030
To protect groundwater for the future, West Bengal needs to take several important steps:
- Use modern tools like AI, smart sensors, and smart meters to monitor groundwater.
- Create a digital record of every well in the state.
- Increase rainwater harvesting and build more structures that help refill underground water.
- Impose stronger punishments on people who install or use illegal tube wells.
- Give more power and training to community groups that manage water at the local level.
- Update the Act to include new methods for groundwater recharge and better rules to prevent pollution.
These steps will help West Bengal use its groundwater wisely and keep it safe for future generations.
Role of Police
Under the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005, the police have no independent investigatory or enforcement powers because all offences under Section 16 are non-cognizable, bailable, and triable by a Magistrate only upon a written complaint filed by the authorised officer of the State Water Investigation Directorate (SWID) or District Authority; police cannot register an FIR, investigate, or arrest without a warrant or magistrate’s direction.
Their role is purely supportive: the District Magistrate or SWID officers may requisition police assistance to maintain law and order, prevent breach of peace, or ensure safe execution of administrative actions such as sealing illegal wells, dismantling rigs, seizing machinery, or disconnecting electricity when resistance or obstruction is anticipated.
In practice, police presence is common during such enforcement drives, but they act only on the request and under the overall command of the civil authorities, not on their own initiative.
Conclusion
The West Bengal Ground Water Resources Act, 2005 is a forward-looking law that recognizes groundwater as a limited and delicate resource. However, the law can only work well if it is strictly enforced, if people are aware of its importance, if new technology is used, and if communities take part in protecting water.
Groundwater is the hidden lifeline of Bengal—quiet, invisible, but essential for daily life. Saving it today will decide whether the state’s farms, towns, and future generations remain healthy and secure. With better implementation and a stronger commitment from everyone, West Bengal can turn this Act from just a law on paper into a strong tool that protects the environment and public health.
