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State of Jammu-Kashmir - Section

Section 42 in Jammu and Kashmir Water Resources (Regulation And Management) Rules, 2011

42. Extraction of bed material

(1)A person holding a valid permission for the extraction of bed material of any kind from any water course under any law, rule or regulation for the time being in force in the State shall apply to the Executive Engineer concerned for identification of site of extraction. The said application shall be accompanied by
(a)a photocopy of the permission granted by the competent authority for the extraction of bed material;
(b)the name, description and location of the river, stream, nallah or any other water course from where material is sought to be extracted;
(c)the kind and quantity of material to be extracted;
(d)the period during which such material is to be extracted; and
(e)any other information as required by the Executive Engineer.
(2)The Executive Engineer shall, after making such enquiries and surveys as he may consider necessary, identify the site of extraction and allow the applicant to extract the bed material from the identified sites/locations provided that
(a)the extracted material is in a controlled quantity;
(b)such extraction does not affect the flow of the water course;
(c)such extractions does not affect the functioning of any water supply or irrigation scheme in the vicinity; and
(d)the extracted material is extracted and lifted by the applicant simultaneously from the bed in order to ensure normal flow of water in the water course.