Chapter II PROTECTION MEASURES FOR PUBLIC SOURCES OF DRINKING WATER

(1) No person shall without obtaining permission from the appropriate authority under sub-section (3), sink any well for purpose of extracting or drawing water within five hundred metres of public source of drinking water;

Provided that nothing in this sub-section shall apply to sinking of a well on behalf of the Government or a local authority for being used as a public drinking water source.

(2) Any person desirous of obtaining permission under this section shall make an application to the appropriate authority in such form and accompanied by such fees as may be prescribed.

(3) On receipt of an application under sub-section (2), the appropriate authority may, on the advice of the Technical Officer, and having regard to the interest of the general public to have the supply of requisite quantity of water for the purpose of drinking water from the public sources: and for reasons to be recorded in writing grant permission for sinking of well or reject the application.

(4) Every permission granted under sub-section (3) shall be subject to,-

(a) the condition that the appropriate authority may, for reasons to be recorded in writing by order prohibit, restrict or regulate from time to time the extraction of water from such well, if in its opinion it is necessary to do so in the interest of protection of public sources of drinking water.

(b) such other conditions and restrictions as may be prescribed.

If, at any time during the course of monsoon or thereafter, the appropriate authority on the advice of the Technical Officer and having regard to the quantum and pattern of rainfall and any other relevant factor, is of the opinion that the public sources of drinking water in any area within its jurisdiction are likely to be adversely affected, it may, by order declare such area to be a water scarcity area for such period as may be specified in the order, but not exceeding one year at a time.

(1) Upon declaration of any area as water scarcity area under section 4, the appropriate authority may for the duration of the period of water scarcity, by order, regulate the extraction of water from any well in such area by restricting or prohibiting such extraction for any purpose where such well is within a distance of five hundred meters of the public source of drinking water:

(2) The order imposing such restriction or prohibition under sub-section (1) shall be served or caused to be served personally by delivering or tendering the same to the owner of the well at least fifteen days before the commencement of the order of restriction or prohibition, as the case may be. Where the owner cannot be found, an authentic copy of the order may be served on any adult member of the family. In the case of an order affecting a corporation or a firm, it shall be served in the manner for the service of a summon under rule 2 of order XXIX or rule 3 of order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908.

(1) The appropriate authority may, on the advice of the Technical Officer, declare a watershed as over exploited water shed.

(2) If at any time, the appropriate authority, on the advise of technical officer is satisfied that the availability of ground water has improved in an over exploited water shed it may by notification cancel the declaration made under sub-section (1).

(1) No person shall, without obtaining permission of the appropriate authority under sub-section (3) sink well for any purpose within the area of an over-exploited water shed:

Provided that nothing in this sub-section shall apply to sinking of a well on behalf of the Government or a local authority for being used as a public source of drinking water.

(2) Every application for permission under this section shall be made to the appropriate authority in such form and accompanied by such fees as may be prescribed.

(3) The appropriate authority may, on receipt of the application and having regard to the requirement of water for purposes of providing drinking water and in the interest of general public either grant permission to sink well or reject the application.

(4) Every permission granted under this section shall be subject to,-

(a) the condition that the appropriate authority may, for reasons to be recorded in writing, by order prohibit, restrict or regulate the extraction of water from such well for such period as may be specified in such order, if in its opinion, it is necessary to do so in the interest of protection of public sources of drinking water: and

(b) such other conditions and restrictions, as may be prescribed.

If , on the advice of the Technical Officer, the appropriate authority is satisfied that any existing well in area of over exploited watershed is adversely affecting any public source of drinking water, it may, notwithstanding anything contained in any law for the time being in force and having regard to the quantum and pattern of rainfall and other relevant factor and after giving its owner a reasonable opportunity of being heard, by an order, prohibit the extraction of water from such well during the five months period from the First February to thirty-first July every year.

Notwithstanding anything contained in this Act or any other law for the time being in force, if on the advice of the Technical Officer, the appropriate authority is satisfied that any existing well in the area of an over-exploited watershed is adversely affecting any public source of drinking water and such source cannot be adequately protected by action under section 8, it may, after giving the owner of the well a reasonable opportunity of being heard, require him by order to stop the extraction of water from, and close, seal off, such well forthwith either temporarily or permanently having regard to the extent to which it is adversely affecting the public source of drinking water.

Whenever it is necessary to make an inquiry or examination in connection with the protection of a public source of drinking water or with the maintenance of a public water supply system, the appropriate authority or any officer duly authorised by it in this behalf may, after giving prior notice.-

(a) enter upon such land as he or it may think necessary for the said purpose;

(b) undertake surveys or take levels thereon;

(c) conduct pumping tests and geophysical surveys;

(d) conduct well logging on the bore;

(e) install and maintain water level recorder and water guages on the well; and

(f) do all such other things as may be necessary for the prosecution of such inquiry and examination.

(1) Wherever it appears to the appropriate authority that any well has been sunk or is being sunk in contravention of the provisions of section 3 or 7 or water has been extracted or is being extracted in contravention of section 8 or 9 the appropriate authority or an officer duly authorised by it in this behalf may enter upon that land, remove obstruction, if any, close the pumping of the water, disconnect power supply, seize any material or equipment used in connection with such extraction of water and take any such action, as may be required to stop such contravention, and may, by order, require the owner or the person in possession of the well to close or seal off the well at his expenses and in such manner as the appropriate authority may specify in such order and such owner or person shall comply with such order.

(2) Where such owner or person fails to comply with any order made under sub-section (1), the appropriate authority may, after giving such owner or persons due notice in that behalf, enter upon the land and close or seal off the well and the cost incurred thereof shall be recoverable from such owner or person as an arrears of land revenue.

(1) Where an order of closing down or sealing off the well is made under section 9, the owner of such well may apply to the appropriate authority in the prescribed manner for payment of compensation.

(2) The Appropriate Authority may, on making such inquiry and requiring the owner to produce such evidence as it may deem necessary, make an order for payment of compensation to the owner at the market price, determined in accordance with the provisions of the Land Acquisition Act, 1894.

Subject to the provisions of section 12, no person shall be entitled to claim any damages or compensation from the Government for any loss sustained by him as a result of any order passed under the clause(a) of sub-section(4) of section 3 or under sections 8,9,or 11 or by virtue of any action taken under this Act.