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State of Tamilnadu - Section

Section 4 in The Chennai Metropolitan Area Groundwater (Regulation) Act, 1987

4. Registration of existing wells and use of groundwater in scheduled area.

(1)The competent authority shall, within such time as may be prescribed, prepare and maintain a register showing,-
(a)[ the number of wells that were in existence in the scheduled area immediately before the date of commencement of this Act;] [Substituted for clauses (a) and (b) by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 2002 (Tamil Nadu Act 37 of 2002) with effect from 21st November 2002.]
(b)the use of groundwater in the scheduled area for agricultural purposes immediately before the date of commencement of this Act;
(c)the number of wells from which water is extracted for domestic purposes;
(d)the number of wells from which water is extracted for industries, automobile service centres, multipurpose halls and other commercial centres;
(e)the number of water sources both public and private.
(2)Every register prepared and maintained under sub-section (1) shall contain the following particulars, namely:-
(i)the type of well and its exact location;
(ii)the device used for lifting the groundwater;
(iii)the date from which the groundwater is being used;
(iv)the purpose, or purposes for which the groundwater is being used;
(v)the quantity of groundwater utilised;
(vi)the extent, location and the survey number of the area where ground-water is used for agricultural purposes;
(vii)[ the details of the methods adopted for groundwater conservation and rain water harvesting; [Substituted for 'item (vii)' by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 2002 (Tamil Nadu Act 37 of2002) with effect from 21st November 2002.]
(viii)the quality of water with scientific evidence;
(ix)such other matter as may be prescribed.]
(3)The competent authority shall, as soon as may be after the preparation of the register under sub-section (1) and in any case not later than such time as may be prescribed, cause to be published in such manner as may be prescribed,-
(i)in the case of revenue village specified in the Schedule, at convenient places in the revenue village itself; and
(ii)in relation to other areas, at such places as may be prescribed;
an extract from the said register in so far as the entries in the said register relate to the revenue village or to other area concerned.
(4)
(a)Where, upon the publication of the extracts under sub-section (3), any land owner or occupier having an interest in any land situate in the scheduled area [or any other person] [Inserted by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 2002 (Tamil Nadu Act 37 of 2002) with effect from 21st November 2002.] is aggrieved by the non-inclusion of the particulars as to the existence of any well or the use of groundwater for agricultural purposes in relation to any such land, or by the inclusion of incorrect particulars relating thereto, he shall make an application to the competent authority within such time and in such manner as may be prescribed [and shall be accompanied by such fee not exceeding two hundred and fifty rupees as maybe prescribed] [Inserted by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 2002 (Tamil Nadu Act 37 of 2002) with effect from 21st November 2002.] for inclusion, or, as the case may be, for modification of the particulars relating to such land as entered in the said register:
Provided that the competent authority may, in its discretion, allow such further time as may be prescribed for making any such application, if it is satisfied that any [owner, occupier or other person] [Substituted for the words 'owner or occupier' by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 1997 (Tamil Nadu Act 29 of 1997) with effect from 10th May 1997.] referred to in this clause had sufficient cause for not making the application in time.
(b)Upon receipt of an application under clause (a), the competent authority shall, after making such enquiry as he may deem fit, [pass an order in writing, within such time as may be prescribed, including or refusing to include or modifying or refusing to modify] [Substituted for the words 'include or refuse to include or modify or refuse to modify' by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 1997 (Tamil Nadu Act 29 of 1997) with effect from 10th May 1997.] the particulars relating to such land in the register:
[Provided that no order under this clause refusing to include or modify the particulars shall be passed unless the applicant has been given an opportunity of being heard.] [Proviso as inserted by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 2002 (Tamil Nadu Act 37 of 2002) with effect from 21st July 2002.]
(5)The competent authority shall, upon application made by the owner or the occupier of the land concerned, furnish an extract relating to his land in respect of which entries have been made in the said register [on payment of such fee not exceeding two hundred and fifty rupees as may be prescribed.] [Substituted for the words 'on payment of such fee as may be prescribed' by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 1997 (Tamil Nadu Act 29 of 1997) with effect from 10th May 1997.]