Canal And Drainage (west Pakistan Amendment) Ordinace, 1970

CANAL AND DRAINAGE (WEST PAKISTAN AMENDMENT)
ORDINACE, 1970

WEST PAKISTAN ORDINANCE NO. 1 OF 1970
12th January, 1970

An

Ordinance

Further to amend the Canal Drainage Act, 1873 in its application to the province of West Pakistan.

Preamble:__ WHEREAS it is expedient further to amend the Canal and Drainage Act, 1873 (VIII of 1873), in its application to the province of West Pakistan, in the manner hereinafter appearing;

Now, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the Provincial Constitution Order, and in exercise of all powers enabling him in that behalf, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:-

  1. Short title and commencement:- (1) This ordinance may be called the canal and Drainage (West Pakistan Amendment) Ordinance, 1970.

 

(2)  It shall come into force at once.

  1. Amendment of section 20 of Act VIII of 1873: - in the Canal and Drainage Act, 1873, hereinafter referred to as the said Act, in section 20, in the last paragraph for the words “Divisional or” the words “Divisional Canal Officer or” shall be substituted.
  2. Amendment of section 68 of Act VIII of 1873.- In section 68 of the said Act-
    1. in sub-section (1) for the words “Divisional Canal Officer” the words- “Sub-Divisional Canal Officer” shall be substituted, and
    2. for sub-sections (2) and (3), the following sub-sections shall be substituted, namely:-

(2)        Any person aggrieved by an order made by the Sub- divisional Canal Officer under sub-section (1) May, within fifteen days of the passing of such order, prefer an appeal against the order to the Divisional Canal Officer.
 (3)       Where an appeal has been preferred under sub-section (2), the Divisional Canal Officer-

    1. Shall decide the appeal as expeditiously as possible;

CANAL AND DRAINAGE W.P. ORD: I OF 1970

 

    1. May, pending the disposal of the appeal, stay the operation of the order appealed against, provided such stay order does not adversely affect any standing crops.

4.     An order passed under sub-section. (1) if there be no appeal preferred against it, and an order passed in appeal under sub section (2), shall be final as to the use or distribution of water for any crop sown or growing at the time when such order is made, and remain in force until it is set aside by a decree of a civil Court.”

 

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