Section 13 in Uttarakhand Ground Water (Regulation and Control of Development and Management) Act, 2016
13. Powers of the Authority.
(1)The Authority or any person authorized by it in writing in this behalf, shall have power -(a)to enter any property (Private or Government owned) with the right to investigate and made any measurements concerning the land or the water located on the surface or the underground;(b)to inspect the well, which has been or is being sunk and the soils and other materials excavated there from;(c)to take specimens of such soils or other materials or of water extracted from such wells;(d)to order, in writing the person sinking a well to keep and preserve in the prescribed manner specimens of soil or any material excavated there from for such period not exceeding six months from the date of completion or abandonment of the work, as may be specified by the Authority and such person shall comply with such order;(e)to inspect and to take copies of the relevant record or documents and 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/rested, the types of strata encountered in the sinking of the well and the quality of the ground water struck etc.) required for carrying out the purposes of this Act;(f)to direct the user of ground water to install water measuring devices on any ground water abstruction structures:Provided that where the user of ground water does not comply with the directions issued to him within a period of sixty days, the Authority itself may install such water measuring device and recover the cost from the defaulting user of ground water.(g)to seize any equipment/device utilized for illegal sinking and demolish the work executed fully or partly;(h)to direct any user of ground water who does not comply with the provisions of this Act and rules framed there under to close-down the extraction of ground water, disconnecte its power supply and demolish any hydraulic work found to be illegal according to the provisions of this Act and the rules framed thereunder;(i)to enter and search with such assistance, if any, as it considers necessary, any place in which it had reason to believe that offence under this Act has been or is being committed and order, in writing, the person who has been or is committing the offence, not to extract or use the ground water for a specified period not exceeding thirty days;(j)to exercise such other powers as may be necessary for carrying out the purposes of this Act or any rules made there under.(2)The power conferred by sub-section (1) of this section includes the power to break open the door of any premises where sinking, extraction and use of ground water may be going on:Provided that the power to break open the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, refuses to open the door on being called to do so.(3)The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under Section 93 of the said Code.(4)Where the Authority seizes any mechanical equipment/device under clause (g) of subsection (1) it shall, as soon as may be, report to Magistrate and take his orders as to the custody thereof.
