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State of West Bengal - Section

Section 10 in West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005

10. Authorization by State Level Authority for enforcement of the provisions of the Act.

- The State Level Authority may, by order in writing, authorize a District Level Authority or the Corporation Level Authority or any institution or organization or any person -
(a)to enter at any reasonable time any land or building in order to investigate, take samples of water and make any measurement of ground water structure located within such land or building, as the case may be;
(b)to inspect any well which is being sunk or has been sunk and the soils and other materials excavated therefrom;
(c)to take specimens of such soils and other materials or water extracted from such wells;
(d)to require any person sinking a well to keep and preserve in the prescribed manner 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 State Level Authority;
(e)to inspect, and to take over, the relevant records 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, static water level, seasonal variation of water level, types of strata encountered in the sinking of the well and quality of the water), required for carrying out the purposes of this Act;
(f)to require any user to install a water-measuring device on any water-supply installation to properly administer ground water, where there is reason to believe that the user does not comply with the provisions of this Act, or for any other sufficient reason in the public interest:
Provided that where the user does not comply with any such requirement within a period of thirty days from the date of the order as aforesaid, the State Level Authority may itself install such water-measuring device and recover the cost from such user in such manner as may be prescribed;
(g)to seize any mechanical equipment utilised for illegal sinking and to destroy or dismantle the work executed fully or partly;
(h)to require any user, who does not comply with the provisions of this Act or the rules made thereunder, to destroy or damage any hydraulic work done, in contravention of the provisions of this Act or the rules made thereunder:
Provided that where the user does not comply with such requirement within a period of sixty days from the date of the order as aforesaid, the State Level Authority may itself carry out the necessary work and recover the cost from such user;
(i)to enter and search any place at all reasonable times with such assistance, if any, as it may consider necessary, if it has reason to believe that an extraction or use of ground water has been, or is being, made in contravention of the provisions of this Act or the rules made thereunder;
(j)to direct the user who has been or is committing an offence under the Act, to stop committing such offence;
(k)to inspect any place or object, to interrogate any person, and to cause necessary investigation, for detecting ground water;
(l)to take such other steps as may be necessary for carrying out the purposes of this Act or the rules made thereunder.