Maharashtra Groundwater (Development and Management) Act, 2009.

DECLARATION OF WATER SCARCITY AREA AND PROTECTION OF DRINKING WATER SOURCES DURING WATER SCARCITY

Powers of District Authority to enquire or implement or enforce the decisions of Watershed Water Resources Committee.

§28

Summary

(1) The District Authority shall enforce the decisions of the Watershed Water Resources Committee. Whenever it is necessary to make an inquiry or to implement or enforce any decisions under this Act, in connection with the protection of a Public Drinking Water Source or with the maintenance of a public water-supply system, the District Authority or any officer duly authorized by it in this behalf, may, after giving prior notice to the owner or occupier of any land,- (a) undertake surveys or take levels thereon; (b) conduct pumping tests and geophysical surveys; (c) install and maintain water level recorder and water gauges on the well; (d) enter any property including Government owned, with the right to investigate and make any measurements concerning the land or the water located on the surface or underground; (e) inspect the well, which has been or is being sunk with or without the permission of the Watershed Water Resources Committee and the soils and other materials excavated therefrom and to take specimens of such soils or other materials or of water extracted from such wells for testing the quality and contamination; (f) by order, in writing, require the person sinking a well to keep and preserve, in the prescribed manner, the specimens of soils or any material excavated therefrom for such period not exceeding three months from the date of completion or abandonment of the work as may be specified by the District Authority and such person shall comply with such requisition; (g) inspect and take copies of the relevant records or documents and conduct inquiry for obtaining any information required for carrying out the purposes of this Act; (h) order the user of groundwater to install at the expenses of District Authority such measuring device on any groundwater abstraction structures and monitor the quantity pumped; (i) seize any equipment or device utilised for illegal sinking or construction and demolish the illegal work executed; (j) direct any user of groundwater who does not comply with the provisions of this Act and rules framed thereunder to close down the extraction of groundwater, disconnection of its power supply and seal any hydraulic work found to be illegal according to the provisions of this Act and the rules framed thereunder; (k) enter and search with such assistance, if any, as it considers necessary, any place in which it has reason to believe that the offence under this Act has been or is being committed; and within thirty days thereof, issue the order, in writing to the person who has committed or is committing the offence, not to extract or use the groundwater for a specified period; (l) break open the door of any premises where sinking, extraction and use and pollution of groundwater may be going on, which is detrimental to sustainable groundwater development, after informing the person, in case the person refuse to open the door on being called to do so; (m) do all such other things as may be necessary for the prosecution of such inquiry and examination and implementation as per the provisions of this Act. (2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 93 of the said Code. (3) Where the District Authority seizes any mechanical equipment or device under clause (i) of sub-section (1), it shall, as soon as may be, report the same to the Magistrate and take his orders as to the custody thereof.

(1) The District Authority shall enforce the decisions of the Watershed Water Resources Committee. Whenever it is necessary to make an inquiry or to implement or enforce any decisions under this Act, in connection with the protection of a Public Drinking Water Source or with the maintenance of a public water-supply system, the District Authority or any officer duly authorized by it in this behalf, may, after giving prior notice to the owner or occupier of any land,- (a) undertake surveys or take levels thereon; (b) conduct pumping tests and geophysical surveys; (c) install and maintain water level recorder and water gauges on the well; (d) enter any property including Government owned, with the right to investigate and make any measurements concerning the land or the water located on the surface or underground; (e) inspect the well, which has been or is being sunk with or without the permission of the Watershed Water Resources Committee and the soils and other materials excavated therefrom and to take specimens of such soils or other materials or of water extracted from such wells for testing the quality and contamination; (f) by order, in writing, require the person sinking a well to keep and preserve, in the prescribed manner, the specimens of soils or any material excavated therefrom for such period not exceeding three months from the date of completion or abandonment of the work as may be specified by the District Authority and such person shall comply with such requisition; (g) inspect and take copies of the relevant records or documents and conduct inquiry for obtaining any information required for carrying out the purposes of this Act; (h) order the user of groundwater to install at the expenses of District Authority such measuring device on any groundwater abstraction structures and monitor the quantity pumped; (i) seize any equipment or device utilised for illegal sinking or construction and demolish the illegal work executed; (j) direct any user of groundwater who does not comply with the provisions of this Act and rules framed thereunder to close down the extraction of groundwater, disconnection of its power supply and seal any hydraulic work found to be illegal according to the provisions of this Act and the rules framed thereunder; (k) enter and search with such assistance, if any, as it considers necessary, any place in which it has reason to believe that the offence under this Act has been or is being committed; and within thirty days thereof, issue the order, in writing to the person who has committed or is committing the offence, not to extract or use the groundwater for a specified period; (l) break open the door of any premises where sinking, extraction and use and pollution of groundwater may be going on, which is detrimental to sustainable groundwater development, after informing the person, in case the person refuse to open the door on being called to do so; (m) do all such other things as may be necessary for the prosecution of such inquiry and examination and implementation as per the provisions of this Act. (2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 93 of the said Code. (3) Where the District Authority seizes any mechanical equipment or device under clause (i) of sub-section (1), it shall, as soon as may be, report the same to the Magistrate and take his orders as to the custody thereof.

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