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State of Kerala - Section

Section 15 in The Kerala Ground Water (Control and Regulation) Act, 2002

15. Powers of Ground Water Authority.

(1)The Authority shall have power.-
(a)to enter any property and to measure the quantity of water located on the surface of earth or under the earth.
(b)to inspect any well which is dug or being dug and the soil and other materials excavated there from;
(c)to take samples of such soil or other materials or water extracted on such wells.
(d)to enquire, by order in writing the persons digging a well to keep and preserve in such manner as may be prescribed, the samples of soil or materials extracted from there as directed by the Authority for a period not exceeding three months from the date of completion or abandonment of the work;
(e)to examine and take copies of the relevant records or documents and for obtaining and information required for the implementation of the objects of this Act, to ask any question on matters including the diameter or depth of the well which is dug or being dug, the level at which the water was found out or may be found out and subsequently restored or rested, the types of strata encountered in the digging of well and the quality of water found out;
(f)to enquire the user of ground water to install water measuring instrument in any water supply machinery. When it is necessary for the proper use of water or there is reason to believe that the user is not complying the provisions contained in this Act or to protect public interest.
(g)to seize the equipments and instruments used for unauthorized digging and to destroy partially or completely the work done.
(h)to require any user of water who does not comply with the provisions of this Act and the rules made there under, to stop any water apply or to destroy any hydraulic work which is found unauthorized as per the provisions of this Act and the rules made there under.
(i)to enter and research any place with such assistance as is deemed necessary, if there is reason to believe that an offence under this Act has been committed or is being committed and to order in writing the person, who has committed or is committing the offence not to use the ground water for a specified period not exceeding thirty days.
(j)to take necessary steps to present the installation of drainage pipes etc. affecting the water source and to prevent depositing of water materials in the surface water sources if it is likely to affect the ground water sources;-
(k)to exercise such other powers that may be necessary for the implementation of the objects of this Act or the rules made thereunder.
(2)The Authority shall perform such functions as may be assigned by the Government from time to time in accordance with the objective of this Act.
(3)In case where any user of ground water makes any default in doing any act as required by the authority in exercise of the power under sub-section (1), the authority shall have power to perform such act directly and or realize the expense incurred in that behalf from that person in such manner as may be prescribed.
(4)The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall, as far as possible, apply to any search held or seizure made under this Act.
(5)Where the authority seizes any machinery or instruments under clause (g) of sub-section (1), it shall as soon as may be within ten day report to magistrate and take his order for the custody of the same.