LexThe Maharashtra Drinking Water Supply Requisition Act, 1983.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1983 : Mah. XX] 1
THE MAHARASHTRA DRINKING WATER SUPPLY
REQUISITION ACT, 1983
[Text as on 13th May 2025]
________________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. During scarcity, power to order supply of water to public for drinking purposes from
any well.
4. Guidelines for making order to supply water from any well.
5. Power to obtain information and entry any land for determining whether water should be
supplied from any well.
6. When order is made for supply of water, right to enter land for obtaining such supply.
7. When order is made for supply of water powers to provide apparatus or machinery or
water-pipes.
8. Amount payable to owner for utilisation of water from his well.
9. Appeals.
10. Protection of action taken under Act.
11. Power to make rules.
12. Exemptions.
13. Repeal of Mah. Ord. V of 1983 and saving.
14. Removal of difficulties.
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LIST OF AMENDMENT ACTS
1. Amended by Mah. 5 of 19921 (20-1-1992)
1 Mah. Ord. II of 1992 was repealed by Mah. 5 of 1992, s. 3.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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Requisition Act, 1983
MAHARASHTRA ACT No. XX OF 19831
[THE MAHARASHTRA DRINKING WATER SUPPLY REQUISITION ACT, 1983.]
[This Act received assent of the President on the 13th April 1983; assent was first published
in the Maharashtra Government Gazette, Extraordinary No. 27, Part IV, on the 15th April 1983.]
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 circumstances 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 therewith or incidental thereto; and, therefore,
promulgated the Maharashtra Drinking Water Supply Requisiti on Ordinance, 1983 (Mah. Ord. V of
1983) on the 26th February 1983;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature;
It is hereby enacted in the Thirty-fourth Year of the Republic of India as follows :—
1. Shor t title and commencement. — (1) This Act may be called the Maharashtra Drinking
Water Supply Requisition Act, 1983.
(2) It shall be deemed to have come into force on the 26th February 1983.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “owner of a well” includes the person in actual possession of the well;
(b) “well” includes a bore-well or a tank or any other storage of water.
3. During Scarcity, power to order supply of water to public for drinking purposes from
any well.— (1) If the Collector or an officer authorised by the Collector (hereinafter referred to as “the
requisitioning authority”), after making such inquiry as he deems fit , is satisfied that due to scarcity of
drinking water in any local area, it is necessar y or expedient that the water in any well on any land
under the irrigation command of a canal, or an any other land which is used for irrigation or any other
purposes whatsoever, shall be temporarily utilised, wholly or partially, by the public for drinkin g
purposes, the requisitioning authority shall, from time to time, by order in writing require the owner of
the well to supply or cause to be supplied to the requisitioning authority or its agents or such other
persons or classes of persons, or to allow them to draw or lift, such quantities of water, from such date,
during such hours and such periods and in such manner, as may be specified in the order.
(2) Any order made under this section may, from time to time, be amended by the requisitioning
authority, 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 as individual person, be
served or caused to be served on that person,—
(i) personally, by delivering or tendering to him the order, or
(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 case of an order 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).
1 For Statement of Objects and Reasons of the L. A. Bill No. VIII of 1983 , see Maharashtra Government Gazette , 1983,
Extraordinary No. 5, Part V, dated 24th March 1983, page 186.
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(b) The order shall also be given wide publicity in the local area by the requisitioning authority in
such manner, which the authority considers best calculated to bring it to the n otice 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 may
extend to one year, or with fine which may extend to one thousand rupees, or with both.
4. Guidelines for making order to supply water from any well.— For the purposes of making
any order under section 3, the requisitioning authority shall take into consideration the total water
supply available or likely to be available in the well during a certain period, the minimum requirement
of the owner during the period for his personal use for drinking, and the quantity of water which can
reasonably be released for distribution to the persons residing in the local area, where there is scarcity
of drinking water.
5. Power to obtain information and enter any land for determining whether water should
be supplied from any well. — (1) The requisitioning authority may, with a view to determining
whether an order may be made or continued under section 3, direct the owner of any well to furnish to
the requisitioning authority such information in his possession relating to the land on which the well
exists and regarding the availability of water supply therefrom and the purposes for and extent to which
it is being used by him during the last few years, as may be s pecified in the direction. The information
shall be furnished within such time as may be specified in the order.
(2) The requisitioning authority, after giving reasonable notice to the owner of any well, may
enter upon any such land, with such assistants and workmen as may be necessary, and carry or
inspection and survey with a view to determining whether an order unde r section 3 may be made or
continued and in what manner and subject to which conditions such order should be made or
continued. 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 all necessary questions, may make 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 i ssued under this section or
obstructs the lawful exercise of any powers conferred by this section on the requisitioning authority or
its assistants or workmen shall, on conviction, be punished with fine which may extend to one
thousand rupees.
6. When ord er is made for supply of water, right to enter land for obtaining such
supply.— (1) Whenever an order is made under section 3 for supply of water from any well, the
requisitioning authority and any persons authorised by it in his behalf shall have a right to enter upon
the land at all reasonable hours for the purpose of supervising and regulating the obtaining and
distributing the sanctioned water supply regularly or for any other work connected with such supply,
and the persons or classes of persons speci fied by the requisitioning authority shall, subject to such
conditions as may be imposed by the requisitioning authority, be deemed to be authorised to have right
of way through adjoining lands, and to enter upon the land where the well exists, during the specified
hours, to make use of any apparatus or 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 time.
(2) Any person who receives or is authorised to receive any qu antity of water under this Act and
refuses to comply with or contravenes any provision of this Act, or the rules made thereunder, or of
any conditions imposed thereunder, shall, on conviction, be punished with fine which may extend to
one hundred rupees.
7. Whe n order is made for supply of water powers to provide apparatus or machinery or
water-pipes.— (1) When an order is made under section 3 for supply of water from any well, it shall
be lawful for the requisitioning authority and any persons authorised by it in this behalf to fix any
apparatus or machinery, on or near the well, for drawing or lifting or measuring water and, after giving
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reasonable notice to the owners or occupiers of the lands concerned of its intention so to do, to enter
upon the lands and ex ecute all the necessary works for laying water -pipes through, across or under
such lands for carrying water f rom the well to the distribution centre or centres selected by the
requisitioning authority and for repairing or replacing such apparatus, machiner y 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 shall be filled in, reinstated and made good by the
requisitioning authority, with the least practicable delay;
(c) any owner or occupier of any land, who claims and proves to the sati sfaction of the
requisitioning authority that he has sustained 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 r equisitioning authority under clause
(c) of sub-section (2) may, within a period of thirty days form 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 Collector, 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) Whoever obstructs the lawful exercise of any powers conferred under this section on the
requisitioning authority or the persons authorised by it, shall, on conviction, be punished w ith fine
which may extend to one thousand rupees.
8. Amount payable to owner for utilisation of water from his well. — 1[When an order is
made under section 3 for obtaining supply of water from any well, the owner, who complies with the
order, shall be pai d such amount as my be fixed by agreement between the owner a nd the
requisitioning authority:
Provided that, such amount shall not exceed the maximum limit as may be fixed, by an order in
this behalf, by the State Government, from time to time.]
9. Appeal s.— (1) When an order is made under section 3 requiring any owner of a well to
supply such quantities of water from his well, during such hours and during such periods, as may be
specified in the order, the owner, who is aggrieved by any of these matters i n 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 Collector, and to the Commissioner if the order is
made by the Collec tor. On receipt of such appeal, the appellate 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 not be called in question in any Court.
(2) Save as otherwise provided in sub -section (1), every order made and every direction issued
under this Act shall be final and shall not be called in question in any Court.
10. Protection of action taken under Act. — (1) No suit, prosecution or other legal proceeding
shall lie against any person for anything, which is in good faith done or intended to be done under this
Act or in pursuance of any order made or direction issued under this Act.
(2) No suit or other legal proceeding s hall 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 done or intended to be done under this Act or in pursuance of any
order made or direction issued under this Act.
1 This section was substituted by Mah. 5 of 1992, s. 2.
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11. Power to make rules. — (1) Subject to the condition of previous publication, the State
Government 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 addresses 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 obta ining 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;
(e) prescribing the records to be maintained by the requisitioning authority and the owners
of wells;
(f) the manner of deciding and making payments to the owners of wells for water supply
obtained from their wells;
(g) any other matters connected with obtaining and dist ributing water 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
annulment shall be without prejudice to the validity of anything previously done or omitted to be done
under that rule.
12. Exemptions. — This Act shall not apply to any wells belonging to or in possession of the
Government or a local authority or a public trust exclusively for a religious purpose.
13. Repeal of Mah. Ord. V of 1983 and saving.— (1) The Maharashtra Drinking Water Supply
Requisition Ordinance, 1983 (Mah. Ord. V of 1983) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including 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.
14. Removal of difficulties. — If any difficulty aris es in giving effect to the provisions of this
Act, the State Government may, as occasion arises, by order, do anything, which appears it to be
necessary or expedient to remove the difficulty:
Provided that, no such order shall be made after the expiry of t he period of two years from the
date of commencement of this Act.