section 5
Regulation of extraction of water from wells in water scarcity area
The Maharashtra Groundwater (Regulation of Drinking Water Purposes) Act, 1993General199320 sections
Statutory text
- (1) Upon declaration of any area as water scarcity area under section 4, the Appropriate Authority may, for the duration of the water scarcity period, by order, regulate the extraction of water from any well in such area by restricting or prohibiting such extraction for any purpose other than for drinking water purpose where such well is within a distance of one kilometre of the public drinking water scarcity area source : Provided that, for the purpose of such regulation under this section,--
- (a) the area within one kilometre from the public drinking water source shall be divided into zones as may be advised by the Technical Officer and the priorities referred to in clauses
- (b) and
- (c) shall be as far as the situation and location may demand relate from the nearest to the farthest zone ;
- (b) the well, not being the well the water from which is used for the standing irrigated crops, which is nearer the public drinking water source shall be considered as the first priority ;
- (c) the well water from which is being used for the standing irrigated crop shall be as far as may be practicable taken last in the priority.
- (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 atleast 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 notice 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 summons in 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.
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