CourtMesh

Section 105: Control and safety provisions.

The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010Union territory Act of Jammu and Kashmir · Act 21 of 2010

(1) The Authority may, in consultation with the Government, specify suitable measures to be adopted by a licensee which are necessary for––

(a) protecting the public, including the persons engaged in the usage of water for the purposes of generation of power, running of water in irrigation and water supply units, hydraulic works, exploration of ground water and construction activities on such units for purposes of the usage of water ;

(b) eliminating or reducing the risk of personal injury to any person or damage to property of any person during the currency of licence ;

(c) ensuring the safety of the life and property of the inhabitants of the area under the operation of the scheme, water source, hydraulic work and protection thereof against any damage or danger caused or likely to be caused by the uncontrolled release of water or hazardous waste caused by the collapse or failure of any unit, dam, barrage or hydraulic work.

(2) For purposes of clause (c) of sub-section (1), the licensing authority or any officer or authority authorised by it shall exercise all powers and perform all functions and duties that are necessary for ensuring that the licensee complies with the safety measure specified by the Authority under sub-section (1) or those specified in the terms of the licence.

(3) The licensing authority may from time to time require re-examination and modification of designs, plans and specification of initial construction or any subsequent alteration, repairs, maintenance and operation licensed unit in consultation with an expert having experience in the design and construction of such units or works.

(4) The licensing authority may, by notice in writing given to the licensee, require him to––

(a) cause periodic inspection carried out by an expert, to the satisfaction of the licensing authority and in accordance with the procedure and at such intervals, as the licensing authority may specify, of the water usage unit ;

(b) cause to be carried out by an expert having experience in the design and construction of such units or works a review of the design, construction and operating procedures of the water usage unit and furnish a report of the same to the licensing authority ;

(c) carry out such repairs or take such measures as specified in the notice to ensure the safety of the unit and the protection of life and property that is likely to be endangered by the uncontrolled release of water or hazardous waste likely to be caused by the collapse or failure of the unit.

(5) The licensing authority shall forward a copy of notice given under sub-section (4) to the Authority for information and record.

(6) The licensee shall pay such fee and such other charges as the Authority may fix in this behalf, to the licensing authority for undertaking the following activities :––

(a) periodical inspection of the unit by the licensing authority or any other officer or expert empowered in this behalf ;

(b) any other activity performed or caused to be performed by the licensing authority under this section in relation to the unit of the licensee.

Where this provision sits

ActThe Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010
Section105
Marginal noteControl and safety provisions.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.