section 79
Prohibition to abstract water from irrigation works
The Jammu and Kashmir Irrigation Act, 1978(1) Save as provided in this Act no person shall abstract water for any purpose by the installation of pump sets or other electrical or mechanical devices for pumping water from an irrigation work except with the permission of the Divisional Canal Officer within whose jurisdiction such pump sets or other devices for abstraction of water are installed and subject to such terms and conditions and subject to the payment of such fees as may be prescribed: Provided that no such permission shall be issued unless the Divisional Canal Officer is satisfied that the surplus water available is required for irrigation work. (2) If any person abstracts water from an irrigation work in violation of sub-section (1) the Divisional Canal Officer or any person authorized by him in that behalf shall have the power to enter any property, place or premises in which any construction is made or any pump set or other electrical or mechanical device is installed for the abstraction of the water and remove or cause to be removed such construction or pump set or other device. (3) The Divisional Canal Officer or the person authorized under sub-section (2) may also confiscate any pump set or other electrical or mechanical device if he is satisfied that such confiscation is necessary for the prevention of the abstraction of water.
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