(1) Any person desiring to carry on the business of sinking of wells and/or installation of devices for extraction of ground water in a notified area, may make an application to the Ground Water Authority for the purpose.
(2) Every application under sub-section (1) shall be made in such form, shall contain such particulars and shall be accompanied by such fees as may be prescribed.
(3) On receipt of an application under sub-section (1), the Ground Water Authority may, after such enquiry as it deems fit and after satisfying itself that the person concerned has the means and the knowledge to undertake sinking operations and/or extracting of ground water, grant a licence in such form as may be prescribed and subject to such conditions as may be specified therein.
Cancellation of permit, certificate of registration or licence
12. If the Ground Water Authority is satisfied either on a reference made to it in this behalf or otherwise, that,-
(a) the permit or certificate of registration or the licence granted under sub-section (3) of section 6, or sub-section (3) of section 7, or sub-section (3) of section 11, as the case may be, has been obtained by fraud or misrepresentation of facts, or 376
(b) the holder of the permit or certificate of registration or licence has without reasonable cause failed to comply with the conditions subject to which the permit or certificate of registration or licence has been granted or has contravened any of the provisions of this Act or the rules made thereunder, or
(c) a situation has arisen which warrants limiting of the use of extraction of ground water, then, without prejudice to any other penalty to which the holder of the permit or the certificate of registration or licence may be liable under this Act, the Ground Water Authority may, after giving the holder of the permit, certificate of registration or licence, as the case may be, an opportunity to show-cause, cancel the permit, certificate of registration or licence.
Powers of the Ground Water Authority
13.(1) The Ground Water Authority or any person authorized 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 measurement concerning the land or the water located on the surface or 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 of such soils or other materials or of water extracted from such wells;
(d) to inspect and to take copies of 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 ground water is or was struck and subsequently restored or rested, the types of strata encountered in the sinking of the well and the quality of ground water struck) required for carrying out the purposes of this Act;
(e) to serve or cause to be served a notice requiring any user of ground water other than for agricultural use to furnish such information or returns in such form, at such intervals and with such particulars, as may be prescribed and thereupon such person shall comply with such requisition;
(f) to require the user of ground water other than for agricultural use to install water measuring device on any ground water supplies, when necessary, to properly administer the ground water or where there is reason to believe that the user does not comply with the provisions contained in this Act or for any other sufficient reason for defending the public interest:
Provided that where the user of ground water does not comply with the requisition issued to him within a period of thirty days, the Ground Water Authority 377 itself may install such water measuring device and recover the cost from the defaulting user of ground water;
(g) to seize any equipment/device utilised for illegal sinking and destroy the work executed fully or partly;
(h) to require any user of ground water, who does not comply with the provisions of this Act and rules framed thereunder, to close down any water supply or destroy any hydraulic work:
Provided that where the user of ground water does not comply with the requisition issued to him within a period of sixty days, the Ground Water Authority itself may carry out the necessary work and recover the cost form the illegal user of ground water;
(i) to enter and search with such assistance, if any, as it considers necessary, any place in which it has reason to believe that offence 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 thirty days; and
(j) to exercise such other powers as may be necessary for carrying out the purposes of this Act or any rules made thereunder.
(2) The power conferred by this section includes the power to break open the door of any premises where sinking, extraction and use of ground water may be going on:
Provided that the power to break open the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, refuses to open the door on being called to do so.
(3) The provisions of the Code of Central Criminal Procedure, 1973 (Central Act 2 of 1974) shall, so far as may be, 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 of the said code.
(4) Where the Ground Water 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.
378 Restriction on publication on information and returns
14. Any user of ground water may give notice in writing to the Ground Water Authority to treat as confidential, any specimen taken under clause (c) of sub-section (1) of section 13 or any other information or return furnished by him under clause (e) of sub-section (1) of that section and thereupon the Ground Water Authority shall not allow that specimen or other information or return, except in so far as it contains or affords information as to water resources and supplies and geological conditions, to be published or shown to any person (not being an officer of the Government), unless the person giving the notice consents thereto.
Service of orders, etc.,
15.(1) Every order under clause (d) of sub-section (1) of section 13 and every notice under clause (e) of sub-section (1) of that section shall be served,-
(a) by giving or tendering the order of 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 of notice on some conspicuous part of his last known abode or place of business or by giving or tendering the order of notice to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the land or building in which the well is being sunk.
(2) Where the person on whom an order or a notice is to be served is a minor, service upon his guardian in the manner provided in sub-section (1) shall be deemed to be service upon the minor.
Delegation of powers
16. The Ground Water 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 an employee of the Ground Water Authority as may be specified in this behalf in the order.
Members and employees of the Ground Water Authority to be public servants
17. All members and employees of the Ground Water 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 (Central Act 45 of 1860).
379 Protection against action taken in good faith
18. No prosecution, suit or other legal proceeding shall be instituted against the Government or the Ground Water Authority or any other Officer of the Government or any member of other employees of the Ground Water Authority for anything done or intended to be done in good faith under this Act, or the rules made thereunder.
Cognizance and trial of offences