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Section 109: Special Works.

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

(1) For the establishment of a unit for usage of water, the licensing authority may, if it considers it necessary or on the request of a licensee, permit the licensee to undertake certain special works which may include the following :––

(a) diversion of a water course ;

(b) reclamation of water-course, lake or swamp land or part thereof ;

(c) works associated with a mining development or mining operations ; or

(d) any other work connected with or necessary for installation of the unit by a licensee.

(2) A licensee may apply to the licensing authority accompanied by such fee as may be prescribed, for obtaining permission for undertaking any such special work justifying the necessity and relation of such work with respect to the approved unit with detailed description in regard to––

(a) the lawful ownership and possession of the land proposed to be used or operated ;

(b) land to be acquired for the use or operation ;

(c) easements to be acquired, in connection with the proposed works ;

(d) the persons to be benefited or likely to be affected by execution of such special works ; and

(e) any other information as may be required by the licensing authority.

(3) The application shall also be accompanied by appropriate plans, drawings and specification containing information in regard to the execution of special works.

(4) On receipt of the application, the licensing authority (in case of licensing authority not being the Government) shall examine the proposal and submit the same alongwith its recommendations thereon to the Authority for approval.

(5) Where the licensing authority is the Government, it may forward the application received under sub-section (2) to the Authority for its opinion and specific recommendation.

(6) The Authority may seek such further information with respect to or in clarification of any aspect of the proposal submitted to it under sub-section (4) or forwarded to it under sub-section (5) from the licensing authority, as the Authority may think fit.

(7) On approval of the proposal by the Authority under sub-section (4) or on receipt of recommendations of the Authority under sub-section (5), the licensing authority shall grant permission for execution of special works.

Where this provision sits

ActThe Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010
Section109
Marginal noteSpecial Works.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

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