The Maharashtra Groundwater (Development and Management) Act, 2009
Chapter III DISTRICT AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES
Chapter III DISTRICT AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES
17. District Authority.
The State Government shall, by notification in the Official Gazette, designate any officer not below the rank of Tahsildar, to be the District Authority for such area as may be specified in the notification for the purposes of this Act.
Chapter III DISTRICT AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES
18. Constitution of District Watershed Management Committee.
- (1) The State Government shall, by notification in the Official Gazette, constitute a District Committee to be known as the District Watershed Management Committee for the purposes of this Act.
- (2) The District Watershed Management Committee shall consist of the Guardian Minister of the District as Chairperson and one member of the State Legislature from the concerned area including such other members as may be prescribed to be nominated by the State Government. The Collector shall be the Member-Secretary of the District Watershed Management Committee.
- (3) The decisions of the District Watershed Management Committee, shall be implemented by the District Authority, in the manner as may be prescribed.
Chapter III DISTRICT AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES
19. Preparation of Integrated Watershed Development and Management Plan.
The District Watershed Management Committee shall prepare Integrated Watershed Development and Management Plan for artificial recharge of the groundwater in consultation with the Groundwater Surveys and Development Agency, the Watershed Water Resources Committee and Panchayat, for the notified areas on priority and for non-notified areas subsequently, in the manner as may be prescribed.
Chapter III DISTRICT AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES
20. Power to notify Public Drinking Water Source.
The District Authority shall, by order, notify the Public Drinking Water Source.
Chapter III DISTRICT AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES
21. Notification of area of influence and prohibition of construction of Wells within certain limits.
- (1) After the Public Drinking Water Source is notified under section 20, no person shall sink any Well for any purpose within a distance of five hundred metres of such Public Drinking Water Source. The District Authority shall also define and notify the area of influence around the Public Drinking Water Source, based on the data provided by the Groundwater Surveys and Development Agency. Upon such area of influence being notified, no person shall sink any Well for any purpose, in such area of influence : Provided that, the provisions of this sub-section shall not apply to the sinking of a Well on behalf of the State Government or any local authority for being used as a Public Drinking Water Source.
- (2) Sinking of any Well in contravention of the provisions of sub-section (1) shall ensue closure or confiscation of such well by the District Authority. No compensation or damages shall be payable for any closure or confiscation under this sub-section and any such closure or confiscation shall be without prejudice to any of the provisions of section 52.
Chapter III DISTRICT AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES
22. Prohibition of extraction of water from existing well for a certain period.
If, any existing well, within the area of influence, in the notified and non-notified areas or in the notified area other than an area of influence, is found to be adversely affecting any Public Drinking Water Source, the District Authority may, after ascertaining the views of the Watershed Water Resources Committee and Panchayat, and on the technical advice of the Groundwater Surveys and Development Agency, notwithstanding anything contained in any other law for the time being in force having regard to the quantum and pattern of rainfall and any other relevant factors, and after giving its owner a reasonable opportunity of being heard, by an order, prohibit the extraction of water from such well for a reasonable period, in the manner as may be prescribed.
Chapter III DISTRICT AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES
23. Protection of drinking water sources against contamination.
No person shall do anything which shall contaminate the drinking water source of ground water. The District Authority shall take necessary action for preservation of quality of groundwater of the drinking water source and shall regulate extraction of groundwater in villages, in the manner as may be prescribed, where drinking water sources are getting contaminated by any means.
Chapter III DISTRICT AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES
24. District Authority to be assisted by Panchayat.
The District Authority shall be assisted by Panchayat in sustainable management of drinking water sources and protection of drinking water sources during water scarcity, under this Act.
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