Madhya Pradesh government made strict rule against open borewells, probably the first state to make such a rule


Bhopal

In the last few months in MP, many innocent people lost their lives due to negligence in keeping borewells open. Mohan government seems to be becoming strict regarding this. The Madhya Pradesh government has introduced an unprecedented law called the Prevention and Safety of Accidents by Falling into Open Tubewells Bill, the first of its kind in India, to prevent deaths in open borewells. Mohan Yadav government has brought a new law to prevent deaths in open borewells. This law will be the first of its kind in India as more than nine such incidents have been reported in MP in the last seven months.

Now in Madhya Pradesh, if any accident occurs due to leaving a borewell open, the landowner and the person responsible of the mining agency can be imprisoned for two to 10 years and fined under the Indian Justice Code.

For borewell or tube well mining, online permission will have to be taken from the Public Health Engineering Department. If this is not done, a provision has been made for fine and imprisonment.

If the failed borewells are not closed, a fine of Rs 10,000 for the first offense and Rs 25,000 for every subsequent offense will be imposed on the concerned agency.

Such sign board will have to be installed near the borewell

The landowner and the mining agency will have to put up sign boards near the borewell with contact numbers and complete address details. These rules have been made under the Prevention and Safety of Accidents due to Children Falling in Open Borewells Act-2024.

Notification of new rules has been issued. According to officials, Madhya Pradesh is probably the first state to make such strict rules. According to this, safety measures will have to be taken to ensure that no accident occurs due to borewell digging.

Installing barbed fence or other barriers around the mining site. A concrete platform will have to be constructed around the casing pipe. The steel plate on the casing pipe will have to be closed with a strong lid by welding or by nut-bolt.

Under the new law, any person will be able to lodge a complaint on the portal against someone drilling a borewell without permission. If the complaint is found true, the complainant will be rewarded.

Act made after the instructions of the Supreme Court

To prevent fatal accidents of children falling into open or incomplete borewells, the Supreme Court had directed on February 11, 2010 and August 6, 2010 that such accidents should be prevented by making a law. In the same sequence, the state government presented a bill in the Assembly and implemented the ‘Madhya Pradesh Prevention and Safety of Accidents due to Human Falling in Open Tube Wells Act, 2024’ in July 2024.

Now the notification of its rules has been issued. Action will be taken against those who do not follow this under various sections of the Indian Justice Code, Indian Civil Defense Code, Madhya Pradesh Land Revenue Code, 1959 and General Clauses Act, 1957.

Mining agency will have to provide this information on the portal

Geo tagged photographs of safety measures taken during excavation will have to be uploaded.

After completion of excavation, depth, result, functionality and geo tagged photo of failed tube well, bore well properly sealed and covered will have to be uploaded.

What is special in this law

The name of this law will be ‘Prevention and Safety of Accidents due to Human Falling in Open Tube Wells Bill’. After the enactment of this law, Madhya Pradesh will be the first state which will have such a law. This law states that strict penalties will be imposed on those who find open or dry borewells and do not close them. If the borewell is on someone’s private land then the land owner will be fined and if the borewell is on government land then the concerned department and officer will be fined.
Criminal case will be registered

If someone falls into an open borewell, this law says that a criminal case will be registered. Till now, cases of negligence were registered in such cases, but under the new law, cases will be registered under strict sections. Apart from this, the agency digging the borewell will also be held responsible. People will be given the facility to give information about open borewells to the government so that action can be taken in time. Information about fine and punishment will be given later.

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