Vidhi Codex

section 4

Prohibition to take water for irrigation or industrial or any other purpose from water source in water scarcity area without permission

The Madhya Pradesh Peya Jal Parirakshan Adhiniyam, 1986
General198610 sections
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Statutory text
  1. (1) Notwithstanding anything contained in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) and any other law, for the time being inforce, enacted under any of the entries enumerated in the State List of the Seventh Schedule to the Constitution of India, no person shall take water by any means from any water source in the water scarcity area for irrigation or industrial or any other purposes except domestic purpose without the permission of the Collector concerned.
  2. (2) An application for permission under sub-section
  3. (1) shall be made to the Collector concerned in such form and accompanied by such fee as may be prescribed.
  4. (3) The Collector may, for reasons to be recorded in writing, refuse to grant permission in the public interest if in his opinion it is necessary to preserve water in order to enresnsupply thereof to the public from such water source for domestic purposes.
  5. (4) Every permission under this section shall be subject to –
    • (a) The condition that the Collector may, for reasons to be recorded in writing, by order prohibit the taking of water from the source for such period as may be specified in such order if in his opinion it is necessary in the public interest to prohibit taking of water from such water source during the period specified to preserve water in order to ensure the supply thereof from such water sources to the public for domestic purposes; and
    • (b) Such other conditions and restrictions as may be prescribed.
  6. (5) No person shall be entitled to claim damages from the state Government for the loss sustained by him as a result of order passed under clause
    • (a) of sub-section (4), but however no charges for the taking of water shall be required to be paid by such person for the period during which order under clause
    • (a) of sub-section
  7. (4) remains in operation notwithstanding anything contained in any agreement, usage or custom or any other law for the time being inforce, enacted under any of the entries enumerated in the State List of the Seventh Schedule to the Constitution of India.

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