section 7
Power to notify areas to regulate and control the development and management of Groundwater
Nagaland Groundwater (Regulation and Control of Development and Management) Act, 2020Chapter 11 CONSTITUTION OF THE AUTHORITY
(1) The Authority shall function under the overall control and supervision of the State Government. (2) If the Authority after consultation with the experts is of the opinion that it is necessary or expedient in the public interest to control and or regulate the extraction of groundwater in any form in any area, it shall advise the State Government to declare any such area to be notified area for the purposes of this Act. (3) The State Government after examining the advice of the Authority, received under sub-section (2), and after making such further enquiry as it may deem fit, may by notification, declare such area or part thereof to be the notified area with effect from such date as may be specified therein, provided that the State Government may suo motu by notification declare its intention to notify any area to be the notified area under this section, if deemed necessary. (4) Every such notification issued under sub-section (3) shall, in addition to its publication in the official Gazette, be published in not less than two daily newspapers having wide circulation in the State and shall also be served by affixing a copy of the notification at the offices of the Village/Ward/Colony Councils located in the said area and at some conspicuous places of the locality. (5) The persons likely to be affected by the notification issued under sub-section (4), may file objections or suggestions within 30 (thirty days) from the date of publication to the State Government which shall be decided by it within thirty days, after public hearing and thereafter, final notification shall be issued within thirty days. (6) if in the opinion of the Authority, the availability of the groundwater has improved in notified area, it may advise the State Government to denotify such area, and the State Government may in the like manner, denotify such area. (7) The Authority shall take steps to ensure that exploitation of groundwater resources does not exceed the natural replenishment to the aquifers and wherever, there is mismatch, steps shall be taken to ensure augmentation of groundwater resources in addition to regulatory measures. (3) The State Government after examining the advice of the Authority, received under sub-section (2), and after making such further enquiry as it may deem fit, may by notification, declare such area or part thereof to be the notified area with effect from such date as may be specified therein, provided that the State Government may suo motu by notification declare its intention to notify any area to be the notified area under this section, if deemed necessary. (4) Every such notification issued under Sub-section (3) shall, in addition to its publication in the official Gazette, be published in not less than two daily newspapers having wide circulation in the State and shall also be served by affixing a copy of the notification at the offices of the Village/Ward/Colony Councils located in the said area and at some conspicuous places of the locality. (5) The persons likely to be affected by the notification issued under sub-section (4), may file objections or suggestions within 30 (thirty days) from the date of publication to the State Government which shall be decided by it within thirty days, after public hearing and thereafter, final notification shall be issued within thirty days. (6) if in the opinion of the Authority, the availability of the groundwater has improved in notified area, it may advise the State Government to denotify such area, and the State Government may in the like manner, denotify such area. (7) The Authority shall take steps to ensure that exploitation of groundwater resources does not exceed the natural replenishment to the aquifers and wherever, there is mismatch, steps shall be taken to ensure augmentation of groundwater resources in addition to regulatory measures.
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