Vidhi Codex

section 4

Regulation on abstraction of water from water course.

The Kerala Irrigation and Water Conservation Act, 2003
Infrastructure200398 sections14 chapters
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Chapter II CONSERVATION OF WATER IN WATER COURSES

Statutory text
  1. (1) Save as provided in this Act, no person or agency shall abstract water from a water course by installation of any mechanical or electrical device, the capacity of which, in the aggregate, is more than five horse power, or any hose, pipe or other similar device or by any other means except with the previous permission of the officer authorised by the Government in this behalf within whose jurisdiction such device for abstraction of water is installed and subject to such terms and conditions and on payment of such fees, as may be prescribed: Provided that the Kerala Water Authority or any local authority shall not be liable to obtain a permit under this sub-section.
  2. (2) Any person or agency aggrieved by an order refusing to grant permission under sub-section (1), may within such time and in such manner as may be prescribed, appeal to the Collector and the Collector shall, after hearing the appellant and the authorised officer, pass such orders on the appeal as he deems fit within one month from the date of receipt of the appeal.
  3. (3) If any person abstracts water from a water course in violation of the provisions of sub-section (1) or an order of the Collector under sub-section (2), the officer authorised under sub-section (1) or any person authorised by him in that behalf shall, without prejudice to any other action that may be taken for such violation, have power to enter any property, place or premises in which any device is installed for abstraction of water and to remove or cause such device to be removed or also to confiscate such device if he is satisfied that such confiscation is necessary for the prevention of abstraction of water.
  4. (4) Any lapse in supervision of the provisions contained in sub-section (3) by the officers authorised under sub-section (1) or any person authorised by him on that behalf will also be liable for disciplinary action.

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