Maharashtra Drinking Water Supply Requisition Act, 1983 ( Act 20 of 1983)

DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Maharashtra Drinking Water Supply Requisition Act, 1983 Act 20 of 1983 Keyword(s): Owner of Well, Well, Water Supply, Requisition, Drinking Water f ' 1983 : Mah. XX] 10267' TIIE MAHARASHTRA DRINKING WATER SUPPLY REQUISITION · ACT, 1983. CONTENTS l'Ri!AMBLE. SECTIONS. I .. I Short title and commencement. 2 Definitions. 3 4 5 6, 7. '8 9 10 Ii 12 13 1·4 During scarcity, power to order supply of water to. public for drinking: purposes from any well. Guid.elines for making order to supply water from any well. Power to ·obtain information and enter any land for determining whether· water should be supplied from any well. · When order is made for supply of water, right to enter land for obtaining · such supply. When'order is made for supply of water powers to provide apparatus. or machinery or water-pipes. · Amount payable to owner for. utilisation of water from his well •. Appeals. Protection of action taken undor Act. Power to make rules • . Exemptions. Repeal of Mah. Ord. V of 1983 and saving. Remo.val of difficulties. H 4187-'4 • Replace111e11t Series No. LXXXVIll-p. 154 MAHARASHTRA ACT Ne. XX OF 1983' ['FBI! MAHARASHTRA DRINKING WATER SUPPLY REQUISITION AcT, 1983.] 10269 (This Act received assent of the President on the 13th April 1983; assent was • Jlr•t published in the Maharashtra Government Gazette, Part, IV, Extraordinary; on the 15th April 1983.] Amonded by Mah. 5 of 1992 *(20-l-1992)t An Act to provide for requisitioning of water supply during Scarcity for drinking · purposes from any wells, tanks and storages of water. WHEREAS both the Houses of the State Legislature were not in session; . AND WHEREAS the Governor of Maharashtra was satisfied that circumstanc61i existed which rendered it necessary for him to take immediate action to have a special law to provide for requisitioning of water supply during scarcity for drinking purposes from any wells, tanks or other storages of water and to provide for matters connected Mah. therewith or incidental thereto; and, therefore, promulgated the Maharashtra ~rirDrinking Water Supply Requistion Ordinance, 1983, on the 26th Febiuary 1983; l~i3. AND WHEREAS it is expedient to replace the said Ordinance by an Act cif the State Legislature ; It is hereby enacted in the Thirty-fourth year of the Republic of India as follows :- . · 1. (1) This Act may bo called the Maharashtra Drinking Water Supply Requilli 'ion Act, 1983. · Slwrl title (2) It shall be deemed to have come into force on the 26th February 1983. 2. In this Act, unless the contex' ·otherwise requires, and coQlIIl.ence ment. (a) "owner of well" includes the person in actual possession ol the well; Dofinitiono. (b) " well " includes a borewell or a tank or any other storage of water. 3. (1) If the Collector or an officer authorised .by the . Collector (hereinafter, During referred to as " the requisitioning authority " ), after making such inquiry scarcity, all be deems fit, is satisfied that due to scarcity of drinking water in any local area, po;,,er to 19 it is necessary or expedient that the water in any well on any land under the irrisation ~} w~~~Pfo command of a canal, or on any other land which is .used for irrigation or any .other public for purposes whatsoever, shall be temporarily utilised, wholly or partially, by the public drinking for drinking purposes: the requisitioning authority shall, from time to time, by order yurposes in writing require the owner of the well to supply or cause to be supplied to . the ,:011'. "ny requisitioning authority or its agents or such other pe1sons or classes of persons · ·or to allow them to draw or lift, such quantities of water, from such date, ·during ruch hours and such periods and in such manner, as may be specified in ~he order. (2) Any order made under ·this section may, from .time to time, be amended hY the requisitioning aut!)ority, and may be cancelled by it at any time. (3) (a) Any order made under this section shall, if the owner of the well is an individual person, be served or caused to be served on that person (i) personally, by delivering or tendering to him the order, or 1 For Statement of Objects and Reasons, see Maharashtra Government Gaz1tte, Part, V, dated 24th Mach 1983 at page 186. • Maharashtra OrdiO.ance No. II of 1992 was repealed by Mah. 5 of 1992, s. 3. t This indicates the date of commencement of Act. H 4119-20a 10270 Maharashtra Drin~ing Water Supply Requisition· Act, 1983 [1983 : Mab. xx (ii) where the person cannot be found, by leaving an authentic copy of the order with some adult member of his family; or (iii) by post. · In the c1se of an ordor affecting a corporation or a firm, it shall be served in- the manner for the service of a summons in rule 2 of Order XXIX or rule 3 of Order · XXX as the case may be, in the First Schedule to the Code of Civil Procedure, 1908. V of 1908. (b) The order shall also be given wide publicity in the local area by the requisi tioning authority in such manner, which the authority considers best calculated to bring it to the notice of the persons who would be able to get water made available to them under the order, free of.charge. ,. (4) Any person who' refuses to comply with or contravenes any order made under this section as in force for the time being , shall, on conviction, be punished with , imprisonment for a term which 1nay extend to one year, or \Vith fine which may extend to one thousand rupees, or with both. Guideli?es . 4. For the purposes of making any order under section 3, the reqeisitioning for m;k•~g authority shall take into consideration the total water supply available or likely to be 0~~:pl~ in the \Veil during a certain· period, the minimum requirement of the owner warer from during theporiod for his pe sonal use for drinking, and the quantity of water any well. which can reasonably be released for distribution to the persons residing in the local area, where there is scarcity of drinking water. Power !o 5. (/) The requisitioning authority may, with a view to determining whether . r; obi~in an order may be made or continued under section 3, direct the owner of any well to tn ~~d!~~~ furnish to the requisitioning authority such inforn1ation in his possession reJating to • any land for the land on which the well exists and regarding the availablity of water supply there determinin~ from and ihe purposes for and extent to which it is being used by him during the last whet~<~ few years, as may be specified irr the. direction. The information shall be furnished shou~J ~within such time as may be specified in the order. r'upplied (2) The requisitioning authhrity, after giving reasonable notice to the ownet of any romw~J( well, ·may enter upon any such land, with such, assistants and workn1en as may be · nec3ssary, and carty on inspection and survey with a view to determining whether an order undei section 3 may be made or continued and in what manner and subject to which conditions such order should be made or contiuned. For this purpose, the requisitioning authority may ask the owner to be present at the time of such inspection and survey and ask any person who is present a1l necessary questions, may n1ake use of any apparatus or machinery belonging to the owner and may do all other . •• acts necessary to collect the required information. · (3) Whoever refuses to comply with or contravenes any direction issued under this section or obsturcts tbe lawful exercise of any powers conferred by this section on the requisitioning- authority or its assistants or workmen sha11, on conviction, be punishod with fine which may extend to one thousad rupees. a. When order . . is made fer 6. (J) Whenever an order IS made under sectron 3 for supply of watet from supply of any well, the requisitioning authority and any persons authorised by it in this behalf water, right shall have a right to enter upon the land at all reasonable hours for the purpose 1 10 tlnjer of sup<,rvising and repulating the obtaining and distributing the sanctioned water ob~~Lti ~~ supply rogularly or for any other work connected with such supply, and the persons such supµly~ or classes of p~rsons sp~cificd by the ·reqU.isitioning authority shall, sub•ect to such conditions as may be imposed by the requisitioning autbotiy, be deemed to be authorised to have right of way thorugh adjoining lands,. and to enter upon the anC! whero the well exists, during the specified hours, to make use of any apparatus or· • Replacement Series No. LXXXVIIl-p. 155 1983 : Mah. XX] Maharashtra Drinking Water Supply Requisition 10271 Act, 1983 machinery belonging to the owner or the requisitioning authority for drawing or lifting water, and to receive the quantity of water sanctioned for them by the requisitioning authority, from time to tin1e. · (2) Any person who receives or is authorisod to receive any quantity of water under this Act and refuses to comply with or contravenes any p1 ovision of this Act, or the rules ·made thereunder, or of any conditions imposed thereunder, shall, on conviction, be punished with iine which may extend to one hundred .rupees. 7. (/) When an order is · made unde1 section 3 for supply of water from When order any weJI, it shaJI be lawful for the requisitioning authority and any persons is made for authorised by it in this behalf to fix any apparatus or machinery, on or near the supfly 01 well, for drawing or lifting or measuring \Vater and, after giving reasonable ;g::rs to notice to the owners or occupiers of the lands concerned of its ii:itention so to do, to provide enter upon the lands and ex~cute all the necJssary \Vorks for laying water-pipt"s appar.atus or through, across or under such lands for car1·ying water from the well to the distribu- mach~ery tion centre or c3ntres .selected by the requisitioning authority and for rf'pairing. or ~fp:: ru replacing such apparatus, machinery or water-pipes, from time to time. (2) In executing any work under this section as little damage as can be shall be done, and (a) the work shall be executed with the least practicable delay ; (b) the ground or portion of any construction which may have been opened, broken up or removed for the purpose of executing the work shaJI be filled in, reinstated and made good by the requisitioning authority, with the least practi cable delay ; · · · (c) any owner or occupier of any land, who claims-and proves to the satisfaction of the requisitioning authority that he has sustainod any substantial damage by the execution of the work, shall be paid such amount as the requisitioning authority may by order determine. (3) Any person who is aggrieved by the order made by· the requisitioning authority . under clause (c) of sub-section (2) may, within a period of thirty days. from the · ·date of re<eipt of the order by him, appeal to the Collector if the order ·is made by any requsitioning authority other than the CoJlector, and to the .Commissioner if the order is made by the Collector, and the provisions· of section 9 shall, mutatis mutandis, apply to such appeal. (4) Whorver obstrncts the lawful exercise of any powers conferred under this section on the requisitioning authority or the persons autlio~ised by it, shall, on conviction, be punished with fine which may extend to one thousand rupee.s. · 1[8. When an order is made under section 3 for obtaining supply of water Amount from any well, the owner, who complies. with the order, shall be paid such amount payable.to as may be fixed by agr0ement between the owner and the rcquisiti.oning authority : ~illi~~tfi~ of 'd d h . h ll d h . l' . b water from Prov1 e that, sue amount s a not excee t e maximum 1m1t as may e his well. fixed, by an 01der in this behalf, by the State Go~crnment, from time to time.] 1 ·section 8 Was substituted by Mah. 5 of 1992, s. 2. 10272 Maharashtra Drinking Water Supply Requisition Act, 1983 [1983 : Mab. XX Appeals. 9. (J) When an order is made under seetion 3 requiring any ow1ier of a well to · supply such quantities of water from his well, during such hours and during such periods, as may be specifi<d in the order, the owner, who is aggrieved by any of these matters in the order may, within a period of thirty days from the date of receipt of the order by him, appeal to the Collector if the order is made by any requisitioning authority other than the Colleetor, and to the Commissioner if the order is made by the Collector. On receipt of such appeal, the appellale authority shall, after giving a reasonable opportunity to the appellant of being heard, pass such order as it may think fit. Every order made by the appellate authority shall be final and shall pot be called in question in any Court. (2) Save as otherwise provided in sub-section (J), every order made and every , direction issued under this Act shall be final and shall not be called in question in any Court. Protection 10. (J) No suit, prosecution or other legal proceeding shall lie againt any perso1t of action for anything, which is in good faith done or intended to be done under this Act or in d taAken pursuance of any orde1 made or direction issued under this Act. un er ct. (2) No suit or other legal proceeding shall lie against the State Government or any officer of the State Government.or any requisitioning authority for any damage caused or likely to be caused by anything, which is in good faith dono or intended to be done under this Act 01 in pursuance of any order made or direction issued under this Act. . Power to · 11. (J) Subject to the. condition of previous publication, the Slate Government make rules. may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2). In particular and without prejudice to the generality of the foregoing power such rules may (a) provide for registration of names and a\{dresse.s of persons, or for issuing passes or tickets to persons who desire to obtain water supply ; (b) determining the quantity of water which may be obtained by each person or by each family for themselves and if possible for their cattle ; (c) specifying the hours during which water supply may be obtained ; (d) prescribing the conditions to be observed by persons obtaining water supply and by the owners of. wells from which such supply is obtained ; (e) prescribing the records to be maintained by the requisitioning authority • and the owners of wells ~ · . (fl the manner of deciding and making payments to ·the onwers of wells for water supply obtainep from their wells ; (g) any other matters connected with obtaining and distributing wat"1C supply for the purposes of this Act. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session, for a total period of thirty days, which :may be comprised in one session or in two successive sessions, and, if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, have effect only in such modified form or be of no effect, as. the case may be ; so, " however, that any such modification or anuulment shall be without prejudice to the validity of anything previously done or omitte'd to be done under that rule. · 1983 : Mah. XX] Maharashtra Drinking 1¥ ater Supp/y Requisition Act, 1983 10273 12. This Act shall not apply to any wells belonging to or in possession of the Exemptions . . Government or a local authority or a public trust exclusively for a religious purpose. Mah. 13. (J) .The Maharashtra Drinking Water Supply Requisition Ordinance, 1983 Rei-I of Ord. is hereby repealed. · Mab. Ord. vor · Voll913 1983, . (2) Notwithstanding such repeal, anything done or any action taken (including and savm,. any notification or order issued) under the said Ordinance shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of this Act. , . '. 1 14. If any difficulty arises ih giving effect to the provisions of this Act, the State Removal of Government may, as occasion arises, by order, do anything, which appears it to be dilllcultiea. necessary or e.xpedient to remove the difficulty: Provided that, no su;b order shall be made after the expiry of the period of two years from the date of commencement of this Act. • ,. ---'·-. -·