Amendment status not verified — confirm the current text below against the official source.
Powers of the Mizoram Ground Water Authority. - (1) The Mizoram Ground Water Authority or any other official authorized by it in writing in this behalf shall have power: - (a) to enter any property (private or government owned) with the right to collect information and to investigate and make any measurements concerning the land or the water located on the surface and underground; (b) to inspect the well, which is being sunk or has been sunk and take the specimens of the soils and other materials or water sample extracted from such wells; (c) to give necessary directive for submitting the boreholes record and soil samples; (d) to order in writing the persons sinking a well to keep and preserve in the prescribed manner specimens of soils or any material excavated therefrom for such period not exceeding three months from the date of completion or abandonment of the work as may be specified by the Authority and such person shall comply with such requisition; (e) to inspect and to take copies of the relevant records or documents and ask any questions necessary for obtaining any information (including diameter and 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 sinking of the well and the quality of the ground water struck, etc) required for carrying out the purposes of this Ordinance; (f) to give necessary directives to users of ground water to install water measuring devices on any water supplies when necessary to properly administer the water or where there is reason to believe that the user does not comply with the provisions contained in this Ordinance or any other sufficient reason for defending the public interest: Provided that where the user of ground water does not comply with the requisition issued to him within a period of sixty days, the ground water authority itself may install such water-measuring device and recover the cost from the defaulting user of ground water; - 6 - Ex-341/2023 (g) to seize any equipment/device utilized for illegal sinking of well and demolish any structure for illegal abstraction of ground water; (h) to direct any user of ground water who does not comply with the provision of this Ordinance and rules framed there under to close down the extraction of ground water, disconnect power supply or destroy any hydraulic work found to be illegal as per the provisions of this Ordinance and the rules framed there under; (i) to enter and search with such assistance, if any, as it considers necessary, any place in which it had reason to believe that offence under this Ordinance has been or is being committed and order in writing the person who has been or is committing the offence not to extract or use the ground water for specified period exceeding thirty days; (j) to retrieve or enforce regulatory authority on the land given to any individual by village council or local council on the ground that such areas(s) is/are potential areas(s) for artificial groundwater recharge to prevent drought of a spring water, while that spring water is drinking water source of the concerned village/area. (k) to exercise such other powers as may be necessary for carrying out the purposes of this Ordinance or any rules made there under. (2) The power conferred by sub-section (1) includes the power to break open the door of any premise 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, refuse 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 under this section as they apply to any under section 93 of the said Code. (4) Where the Authority seizes any mechanical equipment under clause (g) of sub-section (1) of section 7, it shall as soon as may be inform the Magistrate within whose area of jurisdiction such seizure took place and take orders as to the custody thereof. (5) To impose and charge Ground water fees, penalties and environmental charges in the prescribed manner. - 7 - Ex-341/2023