Bare ActsThe JAMMU AND KASHMIR WATER RESOURCES (REGULATION AND MANAGEMENT) ACT, 2010

Section 81

Control of bed and banks.

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

(1) The control of the bed and banks of all water sources, navigation channels, intake channels, city channels and flood spill channels together with all works that affect the hydraulic conditions in the State shall be under the Irrigation and Flood Control Department. (2) No reclamation or plantation in the bed or on the banks of a water course, navigation channel, intake channel, city channel or flood spill channel shall be permissible except under an authorisation by the prescribed authority. (3) No extraction of any kind of material shall be made by any person in the bed or on the banks of any water source, navigation channel, intake channel, or flood spill channel without the identification of the site of extraction by an officer specifically empowered in this behalf by the prescribed authority, who shall before identifying such site or location ensure that–– (a) the extracted material is in a controlled quantity ; (b) such extraction does not affect the flow of the water source ; (c) such extraction does not affect the functioning of water supply or irrigation schemes in the vicinity ; (d) such person undertakes to remove the extracted bed material simultaneously in order to ensure normal flow of water in the concerned water source. (4) No building, railing or platform shall be constructed on the slopes of public or private embankments : Provided that the prescribed authority or such other officer as may be specially authorised by it in this behalf, may accord permission to the construction of railings or platforms on any such slopes of public or private embankments subject to the conditions specified in the permission : Provided further that in the case of any construction on any such public embankment, the prescribed authority shall fix a rent for the use of the land occupied by such construction. (5) Any person putting up railings or constructing a platform in pursuance of permission granted under sub-section(4) shall maintain properly and keep in good state and repair the slopes of the embankment on which such railings or platforms are constructed. (6) The officials of the Irrigation and Flood Control Department shall have access at all times to such slopes for purposes of inspection and repair.

Section 81 – The JAMMU AND KASHMIR WATER RESOURCES (REGULATION AND MANAGEMENT) ACT, 2010 | DailyLaw.ai