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Section 12: Registration of existing users in Notified Area

The Mizoram Ground Water (Control and Regulation) Ordinance, 2023State Act of Mizoram · Act 2 of 2023

(1) Every existing user of ground water in the notified area of the State shall, within a period of 90 (Ninety) days from the date of establishment of the Authority by the State Government, apply to the Authority for the grant of a certificate of registration recognizing its existing use in such form and in such manner as may be prescribed:

Provided that the Authority may entertain any such application after the expiry of the said period of 90 (Ninety) days, if it is satisfied that the user was prevented by sufficient cause from filing the application in time.

(2) The details to be furnished in applications under sub-section (1) shall include the following, namely:

(a) the description of the source of water, such as type of well, its exact location, size and specifications and date of installation;

(b) the device used for lifting water;

(c) the quantity of ground water extracted and hours of operation per day;

(d) the total period of use in each year;

(e) the purpose or purposes for which the water is being extracted;

(f) the period of use in each year for the purpose or purposes;

(g) in case the requirement of ground water is for drinking water, the approximate population to be served;

and

(h) in the case of irrigation well, the location and extent of the area irrigated.

(3) On receipt of an application under sub-section (1) if the Ground Water Authority is satisfied that it shall not be against the public interest to do so, it may grant, subject to such conditions and restriction as may be specified, a certificate of registration authorizing the continued use of the water:

Provided that no person shall be refused a certificate of registration unless he has been given an opportunity of being heard.

(4) The decision regarding the grant or refusal of the registration shall be intimated by the Ground Water Authority to the applicant within a period of 60 days from the receipt of the application. A copy of this refusal may also be sent to the concerned Department including Mizoram State Pollution Control Board, District Administration etc. so that further action in the matter is taken by Department concerned.

(5) In granting or refusing a certificate of registration under sub-section (4) the Ground water Authority - 10 - - 11 -Ex-341/2023 Ex-341/2023 shall have regard to: -

(a) the purpose or purposes for which ground water is being used.

(b) the existence or other competitive users;

(c) the availability of ground water;

(d) any other fact relevant thereto.

(6) If a registered well becomes defunct, this fact should be immediately brought to the notice of the Ground Water Authority by the user of such ground water and the defunct well should be sealed properly.

Where this provision sits

ActThe Mizoram Ground Water (Control and Regulation) Ordinance, 2023
Section12
Marginal noteRegistration of existing users in Notified Area
JurisdictionState of Mizoram
StatusIn force as published by the source

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