Amendment status not verified — confirm the current text below against the official source.
Notwithstanding anything contained in the Gujarat Land Revenue Code, 1879 or in any other law for the time being in force, no holder of any land assessed or held for the putpose of agriculture within the meaning of the said Code (hereinafter in this Chapter referred to as "the agricultural land") shall construct, or cause or pelmit to be constructed, any tubewell, artesian well or borewell, exceeding the depth, as may be prescribed for extracting ground water except under and in accordance with the ternls and conditions (including conditions relating to the maintenance of such well) of alicence issued under section 5land the rules made under section 57. T - Born. V of 187.9. Grant of licence. 51. (1) Where a holder of any agricultural land desires to construct therein any tubewell, artesian well or borewell, exceeding the depth as prescribed for extracting ground water, he shall make an application to the canal-officer having jurisdiction for the grant of a licence. . . . . . . . . . . . . .. .~ . ..-. .. .. ~ .. ~. .. ~ ..~ .-~ .~ ... .. ~ . .. . . . . . ... . . . . . . PART IV] 6-17 (2) The application under sub-section (1) shall be in such folm, shall contain such palticulars and shall be accompanied with such fees as may be prescribed. (3) On receipt of` an application made under sub-section (I), the canal- officer may, aler making su~1 inquiry as he thinks fit and having regard to the availability and quality of ground water and the density of wells in the area in which the tubwell, artesian well or borewell, as the case may be, is proposed to be constructed and such other relevant factors as the circumstances of the case may require, by order, grant or refuse to grant the licence applied for: Provided that before refusing to grant the licence, the applicant shall be given a reasonable opportunity of being heard in the matter: Provided fulther that where the canal-officer to whom an application has been made under sub-section (1) fails to infolm the applicant of his decision on the application within a period of three months from the date of receipt of the application, the licence shall be deemed to have been granted to the applicant. (4) The licence granted or deemed to have been granted under sub- section (3) shall be in such form as may be prescribed and shall be subject to such terms and conditions as may be specified therein, including conditions relating to the maintenance of the well.