Powers and functions of the licensing authority and the authorised officer.

The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010

General2010202 sections

Read full ActSections

Statutory text

(1) For carrying into effect the provisions of this Chapter, the licensing authority or any officer authorised by it, shall have the following powers and functions, namely :––
- (a) to enter any land, premises, unit or area, without notice during day time for making any investigation, inquiry, inspection or examination to ensure that the provisions of the Act are not contravened ;
- (b) to require the licensee to execute, fix, remove, replace, renew, substitute, alter, repair, clean or examine any plant, equipment, machinery or work ;
- (c) to take account of the quantity of water allocated and used for ensuring that the water used is in accordance with the quantity allocated or permitted in the terms of a licence, permit or any other authorisation under the Act ;
- (d) to regulate the supply of water under a licence, permit or any other authorisation under the Act ;
- (e) to take all steps and do all such acts as are necessary for––
  - (i) the purpose of taking measurements and making records of usage of the natural water resources ;
  - (ii) the conservation and regulation of water ;
  - (iii) the prevention of undue, excessive, illegal or improper use, diversion or waste of water ;
  - (iv) the preservation of water from pollution ; and
  - (v) the protection of and prevention of interference with the bed, banks, channels or other hydraulic works over or within which the water flows or is contained ;
- (f) to use such force as may be necessary in the exercise of the powers and performance of the functions and duties conferred by or under the Act ;
- (g) to take all steps and do all such acts and things as are necessary in the exercise of the powers and performance of the functions and duties conferred by or imposed under the Act;
- (h) to exercise such other powers and perform such other functions and duties as the Government may by notification may specify.
(2) The power conferred by this section includes the power to break open the door of any premises where sinking of well or extraction/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, Samvat 1989 shall, so far as may be, 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 the said Code.

Study data processing for this section.

PDF: pending for this language.