Chapter IX MISCELLANEOUS

46. No suit, prosecution or other legal proceedings shall lie against the State Government or any officer or employee of the Government for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule, notification made or issued thereunder.

51.

1. (1) Where a holder of any agricultural land desires to construct therein any tubewell, artesian well or borewell, exceeding the depth as prescribed for extracting ground water, he shall make an application to the canal-officer having jurisdiction for the grant of a licence.
2. (2) The application under sub-section
3. (1) shall be in such form, shall contain such particulars and shall be accompanied with such fees as may be prescribed.
4. (3) On receipt of an application made under sub-section (1), the canal-officer may, after making such inquiry as he thinks fit and having regard to the availability and quality of ground water and the density of wells in the area in which the tubewell, artesian well or borewell, as the case may be, is proposed to be constructed and such other relevant factors as the circumstances of the case may require, by order, grant or refuse to grant the licence applied for: Provided that before refusing to grant the licence, the applicant shall be given a reasonable opportunity of being heard in the matter: Provided further that where the canal-officer to whom an application has been made under sub-section
5. (1) fails to inform the applicant of his decision on the application within a period of three months from the date of receipt of the application, the licence shall be deemed to have been granted to the applicant.
6. (4) The licence granted or deemed to have been granted under sub-section
7. (3) shall be in such form as may be prescribed and shall be subject to such terms and conditions as may be specified therein, including conditions relating to the maintenance of the well.

52. Where any tubewell, artesian well or borewell is in existence in an agricultural land at the commencement of this Act and the depth of such well is in excess of depth as prescribed, then the holder of the agricultural land shall, within three months from such commencement, furnish information in respect of the well to the canal-officer having jurisdiction, in such form as may be prescribed and on receipt of the information, the canal-officer shall if he is satisfied that the well was in existence at such commencement, grant to the holder of land a certificate in the prescribed form to the effect that the said well was in existence at such commencement.

53. If the canal-officer is satisfied either on a reference made to him in this behalf or otherwise that-

1. (a) any licence granted under section 51 has been obtained by fraud or misrepresentation as to an essential fact, or
2. (b) the holder of a licence has, without reasonable cause, failed to comply with the terms and conditions subject to which the licence has been granted, or has contravened any of the provisions of this Chapter or the rules made under section 57, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Chapter, the canal-officer may after giving the holder of the licence an opportunity of showing cause, by order, cancel the licence.

56. If any person contravenes the provisions of section 50 or 52, or the rules made under section 57 in respect of the construction or maintenance of tubewells or any of the terms and conditions specified in a licence granted under section 51 he shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.

57 .(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Chapter.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
   • (a) the form of application for grant of licence under sub-section
2. (2) of section 51, the particulars to be contained in such application and the fees to be accompanied with such application;
   • (b) the form of licence and terms and conditions for grant of licence under section 51;
   • (c) the form for furnishing information by the holder of an agricultural land and the form of certificate under section 52;
   • (d) the manner of preferring appeal and the fees payable with such appeal under section 54;
   • (e) the depth of the tubewells, artesian wells or borewells which shall not exceed for extracting ground water, and the rules for construction thereof under section 50; and also the terms and conditions for issuance of licence therefore;
   • (f) any other matters which is required to be, or may be, prescribed under this chapter.
3. (3) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publicaton: Provided that if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with the previous publication of any rules to be made under this section.
4. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature, as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.
5. (5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.

58.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by general or special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
2. (2) Every order made under sub-section
3. (1) shall be laid as soon as may be after it is made, before the State Legislature.

59. The State Government may from time to time, issue such directions not inconsistent with the provisions of this Act, to any canal-officer or other officers, as it may deem fit, for the purpose of carrying out the provisions of this Act, or the rules or orders made thereunder and the officers shall bound by such directions.