Vidhi Codex

section 72

Prohibition to abstract water from irrigation work.

The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010
General2010202 sections
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Statutory text
  1. (1) No person shall abstract water for any purpose by the installation of a pump set or other electrical or mechanical device for pumping out water from any irrigation work except with the prior permission of the Executive Engineer within whose jurisdiction such pump set or other device for abstraction of water is 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 Executive Engineer is satisfied that the water to be pumped out of such irrigation wok is surplus and will not affect the functioning of such irrigation work.
  2. (2) If any person abstracts water from any irrigation work in violation of sub-section (1), Executive Engineer or any officer authorised by him in that behalf shall have the power to enter any property, place or premises in which any pump set or other electrical or mechanical device is installed for the abstraction of the water and seize such pump set or other device and if required, may seek assistance of police force for removal and seizure thereof.
  3. (3) 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 : Provided further that if any such place is an apartment in the actual occupancy of a woman who, according to custom, does not appear in public, such officer shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then enter the apartment.
  4. (4) 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.

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