State · Jammu and Kashmir
Section 114 of The JAMMU AND KASHMIR WATER RESOURCES (REGULATION AND MANAGEMENT) ACT, 2010
- (1)Every existing user of ground water in the areas notified under sub-section (1) of section 111, shall within a period of one hundred twenty days from the date of notification, apply to the prescribed 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 prescribed authority may entertain any such application after the expiry of the said period of one hundred twenty days, if it is satisfied that the user was prevented by sufficient cause from submitting application in time : Provided further that the existing user shall not be required to apply for registration if the existing well is fitted with a hand operated manual pump or water is withdrawn by manual device.
- (2)The details to be furnished in an application under sub-section (1) shall include the following, namely :––
- (a)the description of the source of ground water, such as type of well, its exact location ;
- (b)the lifting device used ;
- (c)the quantity of ground water, withdrawal and hours of operation per day ;
- (d)the total period of use in each year ;
- (e)the purpose for which ground water is being extracted ;
- (f)in case of irrigation well, the location and extent of area likely to be irrigated ; and
- (g)the details of the services involved in addition to the quantities of ground water extracted, the diversion or the pumping points and their location.
- (3)On receipt of an application under sub-section (1), if the prescribed authority is satisfied that it shall not be against the public interest to do so, it may grant, subject to such conditions and restrictions as may be specified, a Certificate of Registration authorizing the continued use of the water or refuse to grant such Certificate : 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 Certificate of Registration shall be intimated by the prescribed authority to the applicant within a period of ninety days from the receipt of the application : Provided that where the prescribed authority fails to communicate decision within the said period, it shall be deemed that the Certificate of Registration has been granted.
- (5)In granting or refusing a Certificate of Registration under sub-section (3), the authority shall have regard to the factors specified under sub-section (5) of section 112.
- (6)The Certificates of Registration shall be in such form as may be prescribed.
- (7)Pending communication by the prescribed authority of the decision on an application under sub-section (1), every existing user of ground water in the area notified under sub-section (1) of section 111 shall be entitled to 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.
- (8)If a registered well becomes defunct, this fact shall immediately be brought to the notice of the prescribed authority by the user of ground water.