(1) Every existing user of ground water in a notified area under section 6(2) in the State shall, within a period of 120 days from the date of notification of areas by the Government, apply to the Authority for 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 my entertain any such application after the expiry of the said period of 120 days, if it is satisfied that the user was prevented by sufficient cause from filing application in time.
(2) The details to be furnished in an application under sub-section (1) shall include the following, namely-
(i) the description of the source of ground water, such a type of well, its exact location;
(ii) the device used for lifting water;
(iii) the quantity of ground water withdrawal and hours of operation per day;
(iv) the total period of use in each year;
(v) the purpose or purposes for which ground water is being extracted.
(vi) in case the requirement of ground water is for purpose of drinking water, the approximate population to be served;
(vii) in case of irrigation well, the location and extent of area irrigated, and
(viii) in the case of State, Municipal or Community run water supply schemes, the details of the services involved in addition to the quantities of ground water extracted, the diversion or the pumping points and their locations.
(3) On receipt of an application under sub-section (1), it the Authority is satisfied that it shall not be against the public interest to do so, it shall grant, subject to such conditions and restrictions as may be specified therein, a certificate of registration in such form as may be prescribed authorizing continued use of ground water :
Provided that no person of ground water shall be refused a certificate of registration without being given an opportunity of 25 being heard.
(4) The decision regarding grant or refusal of the certificate of registration shall be intimated by the Authority to the applicant within a period of ninety days from the date of decision.
(5) In granting or refusing a certificate of registration under subsection (3), the Authority shall have regard to,--
(a) the purpose or purposes for which water is to be used;
(b) the existence of other competitive users;
(c) the availability of water;
(d) quality of ground water with reference to its usage;
(e) spacing of ground water extraction structures keeping in view the purpose for which water is to he used;
(f) long term ground water level behavior ; and
(g) any other factor relevant there to.
(6) The certificate of registration shall be in such form as may be prescribed.
(7) Pending the communication by the Authority of the decision on an application under sub-section (1), every existing user of ground water in the notified area shall be entitled to the continued use of the ground water in the same manner and to the same quantity as he was entitled prior to the date of his application.
(7) If a registered well becomes defunct, this fact should be immediately brought to the notice of the Authority by the user of ground water.
Registration of drilling agencies
9. Every rig owner operating in the State shall register his machinery with the Authority in such manner and on payment of such fee as may be prescribed and shall follow the instructions issued by the Authority.
Power to alter, amend or vary the terms of the permit/certificate of registration
10. At any time after a permit or certificate of registration, as the case may be has been granted the Authority may, for technical reasons to be recorded in writing, alter, amend or vary the terms of the permit or certificate of registration, as the case may be:
Provided that no change shall be made in the permit or certificate of registration, as the case may be unless the user of ground water is afforded an opportunity of being heard:
Cancellation of permit/ certificate of registration
11. If the authority is satisfied either on a reference made to it in this behalf or otherwise that -
(a) the permit or certificate of registration granted, under sub- 26 section (3) of section 7 of sub-section (3) of section 8 as the case may be, is not based on facts,
(b) the holder of the permit or certificate of registration has without reasonable cause failed to comply with the conditions subject to which the permit or certificate of registration has been granted or has contravened any of the provisions of this Act or the rules made there under, or
(c) a situation has arisen which warrants limiting of the use or extraction of ground water, hen without prejudice to any other penalty to which the holder of the permit or of the certificate of registration may be liable under this Act, the Authority may after giving the holder of the permit or certificate of registration, an opportunity to show cause, cancel the permit, certificate of registration, as the case may be.
Royalty in respect of use of ground water
12.
(1) Every user of ground water in a notified area shall pay to the Authority a royalty for extraction of ground water at such rates and in such manner as may be prescribed by the Authority with the prior approval of the State Government :
Provided that a user of ground water who irrigates for Agriculture/Horticulture or Floriculture less than one hectare of land, whether owned or leased or both, shall be exempted from payment of royalty under this section.
(2) The Authority may, assign such proportion of the royalty, as may be prescribed for maintenance of Water Supply Schemes and development of ground water resources or any other purposes.
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