(1) The State Authority or any person authorised by it in writing in this behalf, shall have power —
(a) to enter on any property (private or Government owned) with the right to investigate and make any measurements concerning the land or the water located on the surface or the underground;
(b) to inspect the well which has been or is being sunk and the soils and other materials excavated therefrom;
(c) to take specimens o f such soils or other materials or o f water extracted from such wells;
(d) to require by order in writing the persons sinking a well to keep and preserve in the prescribed manner specimens of soils or any materials excavated therefrom for such period not exceeding three months from the date o f completion or abandonment o f the work as may be specified by the Authority and thereupon such person shall comply with such requisition;
(e) to inspect and to take copies o f the relevant records or documents and ask any question necessary for obtaining any information (including diameter or depth of the well which is being or has been sunk;
the level at which the water is or was struck and subsequently restored/rested; thfe types of strata encountered in the sinking o f the well and the quality of the water struck etc.) required for carrying out the • purposes o f this Act;
(f) to direct the user o f ground water to install water measuring device on any ground water abstraction structures:
Provided that where the user o f ground water does not comply with the requisition issued to him/her within a period o f 30 (thirty) days, the State Authority itself may install such water-measuring device and recover the cost from the defaulting user o f ground w ater;
(g) to seize any equipment/device utilized for illegal sinking and destroy the work executed fully or partly;
(h) to direct any user o f ground water, who does not comply with the provisions o f this Act and rules framed thereunder, to close down any water supply or destroy any hydraulic work found to be illegal according to the provisions o f this Act and the rules framed thereunder:
Provided that where the user of ground water does not comply with the requisition issued to him within a period o f 60 (sixty) days the State Authority itself may carry out the necessary work and recover the cost from the illegal user o f ground water;
THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 19, 2012 2015
(1) to enter and search with such assistance if any, as it considers necessary, any place in which it has reason to believe that offqnce under this Act has been or is being committed and order in writing the person who has been or is committing the offence not to extract or use the ground water for a specified period not exceeding 30 (thirty) days;
(j) to exercise such other powers as may be necessary for carrying out the purposes o f this Act or any rules made thereunder.
(2) The power conferred by sub-section (1) includes the power to break open the door o f any premise where sinking, extraction and use o f ground water may be going on:
Provided that the power of breaking open the door shall be exercised only after the owner or any ther person in occupation o f the premises, if he is present therein, refuse to open the door on being called to do so.
(3) The provision o f the Code o f Criminal Procedure, 1973 (2 o f 1974) shall so far as may apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 93 o f the said code.
(4) Where the State Authority seizes any mechanical equipment/device under clause (g) of sub-section (1), it shall as soon as may be, inform a Magistrate and take his orders as to the custody thereof.
Service o f 13.
orders etc.
Beu* to claim 14.
compensation.
(1) Every order under clause fd) o f sub-section (1) o f section 12 shall be served -■
(a) by giving or tendering the order o f notice or by sending it by post to the user for whom it is intended; or
(b) if such user cannot be found, by affixing the order o f notice on some conspicuous part o f his last known abode or place o f business or by giving or tendering the ordqr o f notice to some adult member or servant o f his family or by causing it to be affixed on some conspicuous part of the land or building in which die well is being sunk.
(2) Where the person on whom the order or a notice is to be served is a minor, service upon his guardian in the manner provided in sub-section (2) shall be deemed to be served upon the minor.
No person shall be entitled to claim any damages or compensation from the Government for any loss sustained by him by virtue o f any action taken under this Act.
2016 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2012 Delegation of powers and duties.
15.
Members and 16.
employees of the State Authority to be public servants.
Protection of action taken in good faith.
Cognizance jg.
and trial of offences.
The State Authority may, by general or special order in writing, direct that all or any of the powers or duties which may be exercised or discharged by it shall, in such circumstances and under such conditions, if any, as may be specified in its order, be exercised or discharged also by any employee of the Authority specified in this behalf in the order.
All members and employees of the State Authority shall, when acting or purporting to act in pursuance of the provisions of this Act or of any rules made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
No prosecution, suit or other legal proceeding shall be instituted against the Government, the State Authority or any other officer of the Government or any Member or other employees of the State Authority for anything done or intended to be done in good faith under this Act or the rules made thereunder.
(1) No prosecution for an offence under this Act shall be instituted except by or with the written consent of the State Authority or a person authorised in this behalf by the State Authority.
(2) No court inferior to that of the Metropolitan Magistrate or a Judicial Magistrate, 131 Class shall try any offence under this Act.-
CHAPTER-III Rain Water harvesting for ground Water recharge.
19. The over exploitation o f ground water due to ever increasing population, and other development activities have led to fall in the ground water table, drying up o f wells, reduced sustainability of tube wells, environmental degradation etc. in many parts of the State. In order to improve the ground water situation in critical areas, it is, therefore, essential to adopt rainwater harvesting for ground water recharge. In urban areas, rainwater available from rooftops of buildings and other areas cah be utilised gainfully for ground water recharge. Rainwater harvesting structures feasible in urban areas include recharge pits, trench, existing tube wells or open wells etc. In rural areas, ground water recharge be taken up considering watershed as a unit. The feasible recharge structures in rural areas include construction of Gully Plugs, Contour Bunding, Gabion Structure, Check Dam/Weir, Percolation tank, Recharge Shaft etc.
THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 19, 2012 2017 Power to remove difficulties.
20.
Offences.
( 1) lb iinprose the ground water situation, the State Authority may identity the recharge worthy areas in the State and issue necessary guidelines for adoption of rainwater harvesting for ground water recharge in these areas. In rural area, watershed management to facilitate ground water recharge may be arranged through community participation.
The State Authority may give appropriate directions to the concerned departments of the State Government to include rainwater harvesting in all development schemes falling under notified areas.
In urban areas falling in notified areas, the State Authority may issue directions for constructing appropriate rainwater harvesting structures in all residential, commercial and other premises having an area of 100 Sq. metres or more in manner prescribed within the stipulated period, failing which the State Authority may get such rainwater harvesting structures constructed and recover the cost incurred along with a penalty as may be prescribed.
(2) Notwithstanding anything contained in the relevant laws, the Municipal Corporation or any other local authority, as the case may be, may impose stipulated conditions for providing rooftop rainwater harvesting structures in the building plan in dn area of 100 Sq. metres or more, while according approval for construction. Permanent water- and electricity connections shall be extended only after compliance of the directions given in this regard.
(3) The State Authority shall take steps for promotion of Mass Awareness and Training Programmes on Rain Water Harvesting and Artificial Recharge to Ground Water through Government Agencies / Non Government Organisations (NGOs) / Voluntary Organisations (VOs) 1 Educational Institutions / industries / Individuals.
CHAPTER - IV MISCELLANEOUS If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion arises, by order, do anything which appears to it to be necessary or expedient to remove the difficulty:
Provided that no such order shall be made after the expiry of the period of 2 (two) years from the date of commencement of this Act.
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