Amendment status not verified — confirm the current text below against the official source.
Powers of the Authority.- (1) The Authority or any person authorized under section 17 of this Act in this behalf shall have the following powers, namely :- (a) to inspect the well, which has been or is being sunk and the soils and other materials excavated therefrom; (b) to take specimens of such soils or other materials or of water extracted from such wells; (c) to require, by order, in writing the person sinking a well to keep and preserve in the prescribed manner specimens of soil or any material excavated therefrom for such period not exceeding three months from the date of completion or abandonment of such work, as may be specified by the Authority, and there upon such person shall comply with such order; (d) to inspect and to take copies of the relevant record or documents and seek any information including diameter or depth of the well which is being or has been sunk; the level at which the water is or was struck and subsequently restored/rested, the types of strata encountered in the sinking of the well and the quality of the water struck, required for carrying out the purposes of this Act; (e) to seize any equipment or device utilized for illegal sinking and destroy the work executed fully or partly ; (f) to require, by order, any user of ground water who does not comply with the provisions of this Act or the rules made there under to close down any water supply or destroy any hydraulic work found to be in contravention of the provisions of this Act or the rules made there under: Provided that where the user of ground water does not comply with such order within a period of sixty days from THE HIMACHAL PRADESH GROUND WATER (REGULATION AND CONTROL 9 OF DEVELOPMENT AND MANAGEMENT) ACT, 2005 the date of issue of the same, the Authority or any person authorized in this behalf may carry out the necessary work and recover the cost from such user of ground water ; (g) 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 ground water for a specified period not exceeding thirty days; (h) to direct an appropriate body to assess exploitation limit of ground water in different areas and submit periodic report for consideration of the Authority ; (i) to exercise such other powers as may be necessary for carrying out the purposes of this Act or the rules made there under. (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 Criminal Procedure, 1973 (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 Authority or any person authorized by it seizes any mechanical equipment or device under clause (e) of sub-section (1) it shall, as soon as may be, inform a Magistrate having jurisdiction and take his orders as to the custody thereof.