West Pakistan Land and Water Development Board (Control over Underground Waters) Rules, 1965

Appendix 19 THe WEST PAKISTAN LAND AND WATER DEVELOPMENT BOARD (CONTROL OVER·UNDERGROUND WATERS) RULES,1965 No. Adma.-lO(3)f4/3744: In exercise of the powers conferred by sub-sees. (1). (3) and (8) of Sec. 26 of the Soil Reclamation Act. 1952. Punjab Act, XXI of 1952 as amended by tbe Punjab Soil Reclamati~. (West Pakistan Amendment) Ordinance No. V of 1964. the West Pakistarf Land.and Water Development Board is pleased to make. witb the previoas aucUon or the Government. the following rules : PART A-General 1. Sbort title. exteat aud commeDcemeat: fI) These rules may:~e called tbe West Pakistan Land and Water Development Board (CoDtfGt; . • vcr Underground Waters) Rule•• 1965. (2) The shan apply to the areas comprised in such schemes sanction ed under the Act (hereinafter called the 'ar~a') as may be notified by Government from time to time. (3) They shall come into force at once. 1. Deftaitioas: In these rules, unless the context otherwise requires, the following expressions shall have the meanings respectively assigned to tbem, that is to say : (I) "Act" means the Soil Reclamation Act, 19'2 (Punjab Act. XXI of 1952) as amended ; (iJ) "Form" means a form appended to these rules; (iii) "Licence" means a licence granted under these rules; (111) "Project Director" means an officer appointed by tbe West Pakistan Land and Water Development Board who is overall incharge of operations under the scheme; (I') "Divisional Canal Officer" means an officer performing the func tions of a .Divh.;cnal Canal Officer under the Canal and Drainage ACt, 1873, or the Sind Irrigation Act, 1879 ; (lIi) "Domestic purposes and watering livestock" includes the usa o( underground waters for the following ; (0) drinking by human beings and animals; (b) bathing ; (c) washing ; (d) filling of village ponds; (e) watering lawns attached to residential buildings; U) .;onstr~tion of buildings; (g) :n;;.;;ufa;ture of bricks.ad pottery; <I:) extraction of saltpetre; 519 520 Canal O1fd Draixag« Act, /87J (i) a small industry engaged in handicrafts or the manufacture of COIl sumer and producer goods employing : (1) manual labour without use of any motive powers; or (l) employing twenty persons or less using motive: power. (j) any other purpose: which the Board may by special order allo. from time to timo. r p ART B I L eenee 3. Form of .pplleatlon for grant of • licence for pattiIII ,p. new 1tJ'P1f.~e: (1) Anyowner or occupier of land in the area, wbo desires to put up a new tube-well, well or other appliance, worked by electricity, steam. oil or wind-power (hereinafter called the 'appliance') (or USiD~ 1I.nderground waters for purposes other than domestic or for waterin& livestock shall apply to the Project Director for a licence in Form Land WDB-COUW-t. (2) The applicant shall guar antee that if in the opinion of the Boarei his appliance, within six months of its erection, seriously affects and exist ing use of underground waters, he will either abandon the licence or pay compensation as assessed by the Collector. .c. Grant of Licence: (1) The Project Director may, in bis dircretion, grant a licence in Form L & WDB-COUW-2, on production of a Court fee stamp worth Rs. 5 (Rupees five only) to be affixed on the licence. (2) Any person aggrieved by an order passed by the Project Director under sub-rule (1) may. within 30 days prefer an appeal to the Chairman 11m jlny officer or officers authorised by the Board.] In rule 4, sub-rule (2) after the word "Chairman" the words "or any officer or officers authoris ed by the Punjab Land and Water Development Board" shall be added, ..... ho may after giving such person an apportunity of being beard make such order as he may deem fit. 5. M.nner In which lteenees shall be beld and Inspected: (I) The licensee shall, on demand, produce his licence for inspection by any officer authorised by the Project Director in this behalf, and shall also display it at a conspicuous place on the premises of the appliance to which tbe licence pertains, or otherwise as may be specified. (2) The licensee shall instal the appliance within a period of six months from the date of issue of the licence: Provided that the issuing authority may extend this period from time to time. (3) Without prejudice to any other action that may be taken under the Act or the rules framed thereunder, the authority issuing the licence, may for any breach of conditions of the licence, revoke or suspend the licence. 6. : (The licensee s'hall be liable to pay the water charges levied by Government in the area as if the appliance installed by him did not exist, provided that he shall not be so liable if the land for tbe irrigation of which he utilizes his appliance is not within the command of a can a' PART C-Peualty 7. Pelu,lty for using au appliance witholtt a Heenee or In confr....eatlod or tlte erder : If any owner or occupier of land uses an appliance, otbet than an existing one registered under sub-sec. (2) of Sec. 26 of the Act, ~jth()ut a licence granted under sub-sec. (3) or after revocation or suspen sion of 1I licence under sub-rule (3) of rule 5, or in contravention of ad Canal and Drainage Act, U7.J 521 order under sub-sec. (5) of Sec. 26 of the Act, he shall be liable to pay a special rate, to be determined by the Divisional Canal Officer' up to "ix times the water charges fixed for tubewell-eum-canal supply in the area ill addition to the ordinary water charges for each separate occasion 00 which such use is made, provided that before levying the special rate a. show-cause notice shall be issued to the assessee in Form L &. WDB COUW-3. 8. Appeal aaalllSt tbe let'y of a special raae: Any person aggrieved by an order passed under rule 7, may, within 30 days of tbe receipt of demand notice of such order (Form L &. WDB -COUW-4). prefer an appeal to the l[Project Director, WAPDA or S: E. (Irrigation.I] Who may after giving such person an opportunity of being beard, pass such order he may deem fit, and the order passed by bim shall be final. FORM L &. WDB-COUW-} [Referred to /" Rule 3 (l» Applit.~atioD for gra.t of .. licence for patting np a DCW tube-well, wen or other appliaoce worked by electricity. steam, oil or "ind.power To ...................................... Sir. I beg to apply for the grant of a licence to set up a to be worked by in village , Teh,il.. , District. for the pur pose of - ., ,., ~ .- '" , ~ . .... .. ..... ...~ ., ~ , ..- .. . :................ .-.. . " .. 2. Necessary particulars of the proposed to b<: installed are given in the enclosed ~ aternent. 3. I further hereby ,~uarantee that if in the ~pinion of the Project Director, Scarp/SE .. , t he appliance proposed to be IIIslaHeJ by nl~. WIth In s ix months of its erection. ser ioustv affects any eXlSlllIg us e lit uncer g rouud water. 1 will either abandon the licence or pay cornpcusut iou a s i..,,,e,,eo by the Collector. 4. I am prepared to produce OJ Court-fee stamp worth Rs, 5 (Rupees, live only) a, licence fee. D~teJ . Yours faith fully. ;:'ignurure or lefl thumb-impression of the applicant . Address · . ••4.t ,. .. ~ .................................. Substiurted vide No. Adrnn. 10 (3) 64/381, dated 26-1-1971. 522 Cal t] and Drainage Act. 1873 STATEMENT SHOWING PARTICULARS OF THE TUBEWELL. WELL OR OTHER APPLIANCE WORKED BY ELECTRICITY, STEAM, OIL OR WiND-POWER PROPOSED TO BE INSTALLED IN THE•••.•• RECLAMATION SCHEME AREA I. Proposed site of the appliance : (II Field No. .. . (ii) Square No. .., . (iii) Iillage/Deh. • .. «(1') Tehsil/Taluka . (v) District .. 2. Size 3. Capacity ........................ inch bore. ........................cusec(s)• .of. Kind of the Pump : (I) Centrifugal" (ii) Turbine'" S. To be worked by 1 (I) Electricity" (if) Steam. (iii) on (iv) Wind-power" 6. Description of the area to be served by the appliance 1 Serial No. Square No. Field No. Total Area A.K.M. Remarks Signature of the left thumb-impression of the applicant . Address ... •., .. ...... ,. .. ~ ~ .. .o .. .................................. , .. 'St rik e oIT the items not required. Canal and Drainage .4cl, unJ 523 FORM L & WDB-COUW·2 [Referred 10 in Rule" (2)} Licence (or puttiog up • Dew tubewell, well, otber appliance work.41 by electricity, steam, oil or wiad-power iD the area comprised in • Sanctiooed Scheme of the West PakistaD Land &: Water DeYelopmeDt Board Original/ Duplicale/Trip/leale Court-fee stamp worth Rs, 5/ only. No ................••...••..••........•..•. ......... Reclamation Schema 1. Name, parentage, caste and address of the , . .......................................................................................... ................................................................................................. 2. Locality of the tubewell, wcll or other appliance : (i) Field No. . . (it) Square No. . . (Iii) Village/Deh . (iv) Tehsil/Taluka .. (v) District ~ .. 3. Size , inch bOf•. 4. Capacity c:usec:(l) 5. Kind of the Pump 1 (l) Centrifugal'" (ij) Turbine" 6. To be worked by t (i) Electricity" (ti) Steams (jii) ou (it) Wind-Power· 7. Description of the area to be served by the tube -we II, well Or other appliance : Serial No. Square No. Field No. Area Remarh A. K. M. .. Total ... "Strike off the items not required. 524 Can"I and DrainaKe Act. 1873 This licence is hereby granted to ~/o subject to tbe conditions specified below. Date of hsue......... ...... Project Director/Superintendent Engineer Important Conditions 1. No claim or suit shan lie for damages against the Board. Govern ment or any other person. on account of any ill-effects on the appliance of the licensee caused by the construction of a tubewell or the working of any appliance for the removal or use of underground waters if the said appliance is erected or used in the manner prescribed by the Board. 2. The licensee shall display the licence at a conspicuous place on the premises of the tubewel l, well or other appliance. 3. He shall complete the installation of tbe tube well. well or other .appliance, as tbe case may be, within six months of the date of issue of the licence unless the period is specially extended by the Project Director. 4. He shall not make any change in the capacity of tbe tubewcll. well or other appliance, as the case may be, without the prior approval of the Project Director in writing. 5. He shall allow the Board's Officers and servants to inspect the tubewell, well or other appliance, as tbe case may be, as and when required to do so. 6. In the event of any breach of any of the conditions of this licence, the licensee shall be proceeded against in accordance with the provision! of the Soil Reclamation Act, 1952 (Punjab Act, XXI of 19n). at amended by the Punjab Soil Reclamation Act (West Pakistan Amendment) Ordi nance No. V of 1964, and the rules and bye-laws framed thereunder. FORM L & WDB-COUW·3 (Referred to in Rule 7) Sho1'f-Cftu!le Notice for lerylog Special Water Rate Whereas 5/0 caste . resident of village/Deh Tehsil/Taluka . District.. hall been found guilty of putting up and using a tube well/well or worked by electricily/steam/oil/wind,pOWl'f situ ated in Field No · .........• Square No of village/Deh on ............... for irrigation the area shown in the Schedule annexed hereto, in contravention of the provisions of sub-sections (2), (3) and (';) nf Sec. 26 of the Soil Reclamation Act, 1952 (Punjab Act XXI of 1252), a. amended by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance No. V of 1964, and the rules and bye-laws made thereunder; And whereas in accordance with the provisions of rule 7 of the rules framed under sub-sec. (3) and (8) of Sec. 26 of the Act, he is liable to pay the waler charges at special rate ; Now, therefore, he is hereby required to show cause in wrrting, personally or through an authorised representative within 7 day, of the receipt of this notice as to why the special water rate should n.it be CUIUII tlIld Drutnag e Ad, JlJ73 525 And whereas levied on the said area, failing it will be presumed that he has nothing to say in response to the notice and the area shall be assessed accordingly. Divisional Canal Officer ...........•......... Division FORM L & WDB-COUW-4 (Referred to in Rule 8) Demand Notice for payment of Special Waier Rater Reclamation Scheme Whereas••.........•.•.... .. .s/o... .•. '" caste '" residen I of village Tehsll. District. . having been found guilty of putting up and using a rubewe ll worked by clcctricitY/steam/oil/wind-power situated in Field No . Square No of village......••. , ~ on for irrigating the area shown in the Schedule annexed hereto, in contravention of the provisions of sub-sees. (2), (3) and (5) of Sec. 26 of rhe Punjab Soil Reclamauon Act, 1952 (Punjab Act, XXI of 1952) as amended by rne Punjab Soil Reclamation (West I'akistan Amendment) Ordinance No. Vof 1964, and the rules and bye-laws made thereunder. was served with a notice to show cause as to why he should not be levied a special water rate; cause shown by tbe defaulter has been considered the - ------. defaulter has not cared to respond to the show and found to be insufficient: cause notice Now, therefore, in accordance with rule 7 of the rules framed under sub-sees. (3) and (81 of Sec. 26 of the Act, be is hereby required to pay the Special water rate amounting to Rs within 45 days of the receipt of this notice, failing which the amount shall be recovered as arrears of Land Revenue under Sec. 70 of the Act. Divisional Canal Officer . ..................... Division