Bare ActsThe Himachal Pradesh Ground Water (Regulation and Control of Development and Management) Act, 2005

Section 5

Power to notify areas to regulate and control the development and management of ground water

Amendment status not verified — confirm the current text below against the official source.

Power to notify areas to regulate and control the development and management of ground water.- (1) The Authority shall function under the over all control and supervision of the State Government. (2) If the Authority is of the opinion that it is necessary or expedient in the public interest to control and or regulate the extraction of ground water in any form in any area, it shall advise the State Government to declare any such area to be a notified area for the purposes of this Act. (3) The State Government after examining the advice of the Authority, received under sub-section (2), and after making such further enquiry, as it may deem fit, may by notification, declare such area or part thereof to be the notified area, with effect from such date, as may be specified therein: Provided that the State Government may suo motu by notification declare its intention to notify any area to be the notified area under this section, if deemed necessary. THE HIMACHAL PRADESH GROUND WATER (REGULATION AND CONTROL 5 OF DEVELOPMENT AND MANAGEMENT) ACT, 2005 (4) Every such notification issued under sub-section (3) shall, in addition to its publication in the Official Gazette, be published in not less than two daily regional language newspapers having wide circulation in the State and shall also be served by affixing a copy of the notification at the offices of the Gram Panchayats located in the said area and at some conspicuous places of the locality. (5) The persons likely to be affected by the notification issued under sub-section (3), may file objections or suggestions within thirty days from the date of publication of the same in the Official Gazette, against such declaration to the State Government which shall be decided by it within thirty days, after public hearing and thereafter, final notification shall be issued within thirty days. (6) If in the opinion of the Authority, the availability of the ground water has improved in a notified area, it may advise the State Government to de-notify such area, and the State Government may in the like manner, de- notify such area. (7) The Authority shall take steps to ensure that exploitation of ground water resources does not exceed the natural replenishment to the aquifers and wherever, there is mismatch, steps shall be taken to ensure augmentation of ground water resources in addition to regulatory measures.

Section 5 – The Himachal Pradesh Ground Water (Regulation and Control of Development and Management) Act, 2005 | DailyLaw.ai