Section 38A in Jodhpur Development Authority Act, 2009
38A. [ Provision of rain water harvesting. [Inserted by Rajasthan Act No. 17 of 2010, dated 13.9.2009.]
(1)In every building constructed on a plot of land exceeding three hundred square metres in Jodhpur region after the commencement of the Jodhpur Development Authority (Amendment) Act, 2010 (Act No. 17 of 2010), it shall be compulsory to install a rain water harvesting system of such type and specifications as may be prescribed by the State Government having regard to the area and use of the land and keep such system always in working condition:Provided that if the State Government, having regard to the ground water level in a particular area, is of the opinion that installation of rain water harvesting system in such area is not appropriate, it may, by notification in the official Gazette, exempt such area from the operation of the provisions of this section.(2)The Authority shall not grant any permission for development required under the provisions of this Act or rules or regulations made thereunder unless provision for rain water harvesting system of the type and specifications prescribed under sub-Section (1) has been made in the site plan and maps and the person seeking permission undertakes to install such system and furnishes security for the same to the satisfaction of the Authority.(3)Every owner of the building, for which rain water harvesting system is compulsory under the provisions of this section, shall, after completion of such building, obtain a completion certificate in the prescribed manner and no such building shall be occupied unless and until such certificate has been obtained.(4)The officer or authority authorized to issue completion certificate under subSection (3) shall not issue such certificate unless he is satisfied that a rain water harvesting system of the type and specifications prescribed under sub-Section (1) has been installed in the building and is operational.(5)Any development of land in Jodhpur region made or continued in contravention of the provisions of this section shall be deemed to be an unauthorized development for the purposes of this Act.(6)No permanent water connection from any public water supply system shall be permitted in a building, for which rain water harvesting system is compulsory under the provisions of this section, unless the owner or occupier thereof produces a completion certificate issued under sub-Section (3).(7)Any person who contravenes any provision of this section shall, on conviction and without prejudice to any other action that may be taken against him under any other provision of this Act or any other law for the time being in force, be punishable with imprisonment which may extend to seven days or with fine which shall not be less than rupees twenty five thousand but which may extend to rupees one lakh or with both.Explanation. - For the purposes of this section, 'rain water harvesting system' means any structure or apparatus or both, including roof top structure and under ground tank, constructed or installed to collect rain water either for domestic use or for percolation into earth for the purpose of recharging ground water.
