The Hon’ble Supreme Court of India has issued modified
guidelines in the Civil Writ Petition No. 36 of 2009 regarding “Measures for Prevention of Fatal Accidents of
Small Children due to their falling into Abandoned Bore wells
and Tube Wells”.
The Modified/
Revised Guidelines are as below:
(i) The owner of
the land/premises, before taking any steps for constructing bore well/ tube
well must inform in writing at least 15 days in advance to the concerned
authorities in the area, i.e., District Collector/ District Magistrate/ Sarpanch of the Gram Panchayat/ any other Statutory
Authority/ concerned officers of the Department of Ground Water/ Public Health/
Municipal Corporation, as the case may be, about the construction of bore well/
tube well.
(ii) Registration of
all the drilling agencies, namely, Government/ Semi-Government/ Private etc
should be mandatory with the district administration/ Statutory Authority
wherever applicable.
(iii)
Erection of signboard at the time of construction near
the well with the following details:-
(a) Complete
address of the drilling agency at the time of construction/ rehabilitation of
well.
(b) Complete
address of the user agency/ owner of the well.
(iv)
Erection of barbed wire fencing or any other
suitable barrier around the well during construction.
(v) Construction of
cement/ concrete platform measuring 0.50x0.50x0.60 meter (0.30 meter above
ground level and 0.30 meter below ground level)
around the well casing.
(vi)
Capping of well assembly by welding steel plate or by
providing a strong cap to be fixed to the casing pipe with bolts & nuts.
(vii)
In case of pump repair, the tube well should not be
left uncovered.
(viii)
Filling of mud pits and channels after completion of
works.
(ix)
Filling up abandoned bore wells by clay/ sand/
boulders/ pebbles/ drill cuttings etc from bottom to ground level.
(x) On completion
of the drilling operations at a particular location, the ground conditions are
to be restored as before the start of drilling.
(xi)
District Collector should be empowered to verify that
the above guidelines are being followed and proper monitoring check about the
status of boreholes/ tube wells are being taken care through the concerned
State/Central Government agencies.
(xii)
District/ Block/ Village wise status of bore wells/ tube
wells drilled viz. No. of wells in use, no. of abandoned bore wells/ tube wells
found open, no. of abandoned bore wells/ tube wells properly filled up to
ground level and balance number of abandoned bore wells/ tube wells to be
filled up to ground level is to be maintained at District level. In rural areas, the monitoring of the above
is to be done through Village Sarpanch and the
Executive from the Agriculture Department.
In case of urban areas, the monitoring of the above is to be done
through Junior Engineer and the Executive from the concerned Department of
Ground Water/ Public Health/ Municipal Corporation etc.
(xiii)
If a bore well/ tube well is ‘Abandoned’ at any stage,
a certificate from the concerned department of Ground Water/ Public Health/
Municipal Corporation/ Private contractor etc must be obtained by the aforesaid
agencies that the ‘Abandoned’ bore well/ tube well is properly filled up to the
ground level. Random inspection of the
abandoned wells is also be done by the Executive of the concerned agency/
department. Information on all such data
on the above are to be maintained in the District Collector/ Block Development
Office of the State.
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