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State of Jammu-Kashmir - Section

Section 51 in Jammu and Kashmir Water Resources (Regulation And Management) Rules, 2011

51. Grant of licence to the existing users

(1)The existing user who is required to apply for and obtain a licence under rule 50 shall apply to the licensing authority within six months from the date of commencement of the Act by submitting an application which shall be accompanied by
(a)a fee of rupees five lakhs for the installed power generating unit and rupees one lakh for other units requiring usage of water;
(b)a copy of the approval of the scheme by the competent authority for the installed unit;
(c)three copies of the maps and design of the unit;
(d)the installed capacity of the unit and its present output;
(e)the requirement of water usage by the unit;
(f)the documentary proof of ownership of the land or lease hold rights over such land;
(g)the agreement executed with the Government in case of holding the land on lease basis;
(h)the period and modalities for the return of the project to the state, and the MOU executed by the user with the Government.
(2)The licensing authority shall pass an order with regard to the grant of licence within a period of six months from the date of receipt of application under sub-rule (1) specifying therein the following
(a)the works for which the licence is issued;
(b)the source of water to be used by the licensee;
(c)the quantity of water to be used by the licensee;
(d)the specifications of the main components of the scheme;
(e)the rate and amount of water usage charges to be paid by the licensee;
(f)the period and modalities for the return of the project to the state, if any;
(g)the MOU executed by the licensee with the Government;
(h)the period of validity of the licence ;
(i)the description of the land to be used for execution of the project and its status (whether owned by the licensee or held in lease); and
(j)the terms and conditions subject to which the licence has been granted.
(3)In case the licensing authority rejects the application for grant of licence, the aggrieved party may prefer an appeal or review petition under sub-section (4) or sub-section (5) of section 98 of the Act, as the case may be.