Section 17 in Karnataka Ground Water (Regulation and Control of Development and Management) Act, 2011
17. Powers of the Authority.
(1)The Authority or any person authorized by it in writing in this behalf shall have power,-(a)to enter at any reasonable time on any property and to investigate and take any measurement concerning the land or water located on the surface or underground;(b)to inspect the well which is being constructed or drilled or has been drilled and the soils and other materials excavated therefrom;(c)to take the specimens of such soils or other materials or of water extracted from such well;(d)to order in writing the person drilling or digging a well to keep and preserve in the prescribed manner specimen of soil 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 Authority and thereupon such person shall comply with such requisition;(e)to inspect and to take copies of the relevant record or documents and to ask any question necessary for obtaining any information (including, diameter or depth of the well which is being or has been sunk, the level at which the water is or was struck and subsequently restored or rested the types of strata encountered in the drilling or digging of the well and quality of the water struck etc.,) required for carrying out the purposes of this Act;(f)to serve or cause to be served a notice requiring any user of groundwater or drilling or digging agency to furnish such information or returns in such form, at such intervals and with such particulars, as may be prescribed and thereupon such user or drilling or digging agency shall comply with such requisition;(g)to require the user of groundwater to install water measuring, devices if it is necessary to properly administer the water or there is reason to believe that the user of groundwater does not comply with the provisions of this Act or the rules made thereunder or for any other sufficient reason:Provided that where the user of groundwater does not comply with the direction issued to him within a period of thirty days, from the date of issue of such requisition the Authority itself may install such water-measuring device and recover the cost from the defaulting user of groundwater;(h)to seize any mechanical equipment or device utilized for illegal drilling or digging of well and extraction of groundwater and to demolish the work executed fully or partly;(i)to direct any user of groundwater who does not comply with the provisions of this Act and the rules framed there under to close down the extraction of ground water, disconnect its power supply or confiscate any hydraulic work found to be illegal according to the provisions of this Act and the rules made thereunder:Provided that where the user of groundwater does not comply with the direction issued to him within a period of sixty days, from the date of issue of such requisition the Authority itself may carry out the necessary work and recover the cost from the illegal user of groundwater;(j)to enter and search at all reasonable times with such assistance, if any, as it considers necessary, any place in which it has reason to believe that offence under this Act has been or is being committed and to order in writing the person who has or is committing the offence not to extract or use the groundwater for a specified period not exceeding thirty days;(k)to exercise such other powers as may be prescribed or as may be necessary for carrying out the purposes of this Act or any rules made thereunder.(2)The power conferred by sub-section (1), includes the power to break open the door of any premises where drilling or digging or extraction and use of groundwater may be going on:Provided that the power to break open the door shall be exercised only after the owner or any other person in occupation of the premises if he is present therein, refuse to open the door, on being called to do so.(3)The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall, so far as may be, 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.(4)Where the Authority seizes any mechanical equipment or device under clause (h) of sub-section (1), it shall as soon as may be, inform the Magistrate having jurisdiction to try the offence in respect of such seizure and take his orders as to the custody thereof.Chapter-III Funds, Accounts and Audit
