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प्रशास
सत्यमेव जयते
मध्यप्रदेश राजपत्र
(असाधारण )
प्राधिकार से प्रकाशित
भोपाल, शुक्रवार, दिनांक 5 जुलाई 2024- आषाढ़ 14, शक 1946
क्रमांक 189]
विधि और विधायी कार्य विभाग
भोपाल, दिनांक 5 जुलाई 2024
क्र.- 10474-119- इक्कीस-अ (प्रा. ).- भारत के संविधान के अनुच्छेद 348 के खण्ड (3 ) के अनुसरण में , खुले नलकूप में इंसानों के गिरने से होने वाली दुर्घटनाओं की रोकथाम एवं सुरक्षा विधेयक, 2024 (क्रमांक 17 सन् 2024 ) का अंग्रेजी अनुवाद राज्यपाल के प्राधिकार से एतद्वारा प्रकाशित किया जाता है.
मध्यप्रदेश के राज्यपाल के नाम से तथा आदेशानुसार, आर. पी. गुप्ता, अवर सचिव.
377 378
मध्यप्रदेश राजपत्र, दिनांक 5 जुलाई 2024
MADHYA PRADESH BILL
NO . 17 OF 2024
THE MADHYA PRADESH KHULE NALKUP MEIN INSAANO KE GIRNE SE HONE WALI DURGHATNOA KI ROKTHAAM EVAM SURAKSHA VIDHEYAK, 2024
TABLE OF CONTENTS
Clauses:
CHAPTER - I
PRELIMINARY
1. Short title , extent and commencement .
2. Definitions.
CHAPTER - II
ROLE , RESPONSIBILITIES AND PROCEDURES FOR DRILLING TUBEWELLS OR BOREWELLS
3.Responsibility of the drilling agency.
4.Responsibility of landowner/ drilling agency regarding old/non - functional /failed/unfinished borewell/tubewell .
5. Power of the Competent Authority.
CHAPTER - III
PROCEDURE TO BE ADOPTED FOR RESOLVING THE COMPLAINTS AGAINST THE OPEN BOREWELL OR TUBEWELL
6. Power to take any action by government officials .
7.Capping of open borewell or tube well .
8.Registration of first information report against drilling agency or landowner.
CHAPTER - IV
OFFENCES AND PENALTIES
9. Offences and penalties .
CHAPTER -V
Appeals
10.Appeals .
CHAPTER -VI
MISCELLANEOUS PROVISIONS
11.Transitory provisions .
12.Power to make rules .
13.Power to remove difficulties .
378(1)
मध्यप्रदेश राजपत्र, दिनांक 5 जुलाई 2024
MADHYA PRADESH BILL
NO . 17 OF 2024
THE MADHYA PRADESH KHULE NALKUP MEIN INSAANO KE GIRNE SE HONE WALI DURGHATNOA KI ROKTHAAM EVAM SURAKSHA VIDHEYΑΚ, 2024
ABill to prevent incidents or fatal accidents by human beings falling into an open borewell or tubewell , to take penal action against the negligent drilling agency and landowner, along with actions to be contemplated against the drilling agency, if proper safety measures are not adopted by the drilling agency at the time of drilling borewell/tubewell and for matters con- nected therewith or incidental thereto .
Be it enacted by the Madhya Pradesh Legislature in the seventy - fifth year of the Republic of India as follows: -
CHAPTER - I
PRELIMINARY
title, extent and commencement. Short 1. (1) This Act may be called The Madhya Pradesh Khule Nalkup Mein Insaano KeGirne Se Hone wali Durghatnao Ki Rokthaam Evam Suraksha Adhiniyam , 2024 .
(2) It shall extend to the whole State of Madhya Pradesh.
(3) It shall come into force on the date of its publication in the Madhya Pradesh
Gazette.
Definitions .
2. (1) In this Act, unless the context otherwise requires : -
(a) "Competent Authority" means the person designated as the Compe- tentAuthority as prescribed in the rules made under this Act;
(b) " Drilling Agency " means a person or authorized person or a firm (in- cludingGovernment or Semi- Government Agency) which is involved inthe work ofdrilling borewell/ tubewell by mechanical or other means.
(c) " Landowner " means a landowner referred to as Bhumi Swami in Sec- tion 158 of the Madhya Pradesh Land Revenue Code , 1959 (No. 20 of1959);
(d) "Local Government " means the Urban Local Bodies (ULBs ) consti- tutedunder the Madhya Pradesh Municipal Corporation Act , 1956 (No. 23 of 1956) , Municipal Council , Nagar Parishad constituted under theMadhya Pradesh Municipalities Act , 1961 (No. 37 of 1961) and Panchayati Raj Institutions (PRIs ) constituted under the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No.1 of1994);
(e) "Man " means a male human being of any age and "woman " means a female human being of any age;
मध्यप्रदेश राजपत्र , दिनांक 5 जुलाई 2024
378(2)
(f) " open tube well or borewell " means a tube well or borewell which is not covered or sealed as prescribed in the rules made under this Act and kept open as it poses a threat to fatal accident ;
(g) "person " includes any company, association or body of individuals , whether incorporated or not ;
(h) "Public nuisance " as defined in Section 270 ofthe Sanhita,
(i) "Rules " means the rules made under this Act ;
(j ) " Sanhita " means Bhartiya Nyaya Sanhita, 2023 (No. 45 of2023 ) ;
(k) "State Government " means the Government ofMadhya Pradesh;
(1) "tube well or borewell " means a narrow and deeper well drilled for water in the ground by mechanical or other means with or without casing pipe to draw water or for other purposes in the earth under- ground.
(m) "victim " means a person as defined under sub - section (y) ofsection 2 ofthe Bharatiya Nagarik Suraksha Sanhita 2023 (No. 46 of 2023) ;
(2) words and expressions used herein and not defined , but defined in the Bharatiya Nyaya Sanhita 2023 (No. 45 of 2023 ) , the Bharatiya Nagarik Suraksha Sanhita 2023 (No. 46 of 2023 ) , the Madhya Pradesh Land Revenue Code , 1959 (No. 20 of 1959) or the General Clauses Act , 1957 (3 of1958) have the same meanings respectively as assigned to them in thoseActs .
CHAPTER- II
ROLE , RESPONSIBILITIES AND PROCEDURES FOR DRILLING TUBEWELL OR BOREWELL
3. (1 ) Drilling agency, before drilling a bore well/ tube well , shall generate a permit to drill a borewell/tubewell after filling in the data on a web portal as prescribed in the rules .
Responsibility ofthe drilling agency.
(2)Drilling agency shall . display at the drilling site , complete details regarding the drilling agency, and landowner and shall take all necessary precautionary measures during and after completion of drilling as prescribed in the rules .
4. (1 ) Any borewell/tubewell which is not in a working condition on the date on which this Act comes into force, shall be closed by the landowner, on whose land the borewell//tubewell is situated, within a period of3 months from the date of applicability of this act.
(2)Any running borewell or tubewell that becomes non- functional must be capped by the landowner , as per the procedure prescribed in the rules .
(3) In case, the borewell/tube well after drilling -
(i) fails, or
Responsibility of landowner/ drilling agency regarding old/non- functional/ failed/ unfinished borewell/ tubewell.
(ii) remains unfinished,
the drilling agency shall cap/close the borewell/tubewell as prescribed in the rules .
(4)Any contravention , with respect to section 04(1) , (2) and (2) shall be dealt as per provi- sion as prescribed under section 9 ofthe Act .
378(3)
मध्यप्रदेश राजपत्र, दिनांक 5 जुलाई 2024
5. The competent authority shall have the power to , -
Powerof the competent authority.
(i) to enter the area ofthe borewell/ tubewell ;
(ii) to take measures to prevent accidents ,
(iii) to verify the safety provisions made at the site of the open tubewell/borewell ,
(iv) to deploy labour and machinery in case of any accident/ mishappening due to negligence.
CHAPTER- III
PROCEDURE TO BE ADOPTED FOR RESOLVING THE COMPLAINTS AGAINST THE OPEN BOREWELL OR TUBEWELL
6. (1 )Any Government official may take cognizance of any Matter suo -moto on the report or complaint made by any person regarding an open borewell or tubewell .
Power to take any action by Government officials .
(2) On receiving the report and/or complaint, the concerned Government official shall report the matter to the competent authority ofthe territorial area in which the tubewell/ borewell is situated in the manner prescribed in the rules .
(3) Ifthe complaint is found to be true , the complainant shall be eligible for a reward as prescribed in the rules .
Capping of open borewell tubewell. or 7. The expenditure incurred in capping open borewell/tubewell shall be recovered from the drilling agency or landowner as per the provisions for the recovery of arrears of land revenue under the Madhya Pradesh Land Revenue Code, 1959, in case landowner or drilling agency, as the case may be , fails to act as per section 4 or directions of the compe- tent authority.
8. In case of the occurrence of any accident due to negligence on the part of the drilling agency or landowner, as mentioned under section 4 of this Act, First Information Report (FIR) shall be registered against such drilling agency or landowner.
Registration of first information report against drilling agency or landowner.
CHAPTER - IV
OFFENCES AND PENALTIES
Offence and penalties .
9.(1) Whoever contravenes any of the provisions mentioned in section 4 ofthis Act, the competent authority shall issue notice to the concerned drilling agency/ landowner with the direction to take corrective measures and in case the drilling agency /landowner fails to complywith the directions , then the competent authority may impose a fine upto Rupees 10,000/- (Ten thousand only) for the first offense and for each subsequent offence a fine upto Rupees 25,000/- (Twenty -five thousand only).
(2) Whoever contravenes any of the provisions mentioned in Section 4 of this Act which leads to any accident or death, then he shall be punished upon conviction, as per the relevant provisions under Sec- tions 100, 105 , 106 and 110 of the Sanhita .
(3) The expenditure incurred during the rescue of any person during the accident , shall be recovered from the drilling agency or landowner as prescribed in the rules as per the provisions for the recovery of arrears of land revenue under Madhya Pradesh Land Revenue Code, 1959 .
मध्यप्रदेश राजपत्र , दिनांक 5 जुलाई 2024
378(4)
MADHYA PRADESH BILL
NO . 17 OF 2024
THE MADHYA PRADESH KHULE NALKUP MEIN INSAANO KE GIRNE SE HONE WALI DURGHATNOA KI ROKTHAAM EVAM SURAKSHA VIDHEYAK , 2024
TABLE OF CONTENTS
Clauses :
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement .
2.Definitions.
CHAPTER- II
ROLE , RESPONSIBILITIES AND PROCEDURES FOR DRILLING TUBEWELLS OR BOREWELLS
3.Responsibility ofthe drilling agency.
4.Responsibility of landowner/ drilling agency regardingold/non - functional /failed/unfinished borewell/tubewell .
5. Power of the Competent Authority.
CHAPTER- III
PROCEDURE TO BE ADOPTED FOR RESOLVING THE COMPLAINTS AGAINST THE OPEN BOREWELL OR TUBEWELL
6. Power to take any action by government officials .
7.Capping of open borewell or tube well .
8. Registration of first information report against drilling agency or landowner.
CHAPTER- IV
OFFENCES AND PENALTIES
9.Offences and penalties .
CHAPTER -V
Appeals
10.Appeals .
CHAPTER- VI
MISCELLANEOUS PROVISIONS
11.Transitory provisions .
12.Power to make rules .
13.Power to remove difficulties .