The Canal And Drainage West Pakistan Amendment Act 1968

THE CANAL AND DRAINAGE WEST PAKISTAN AMENDMENT ACT, 1968.
W. P. ACT VII OF 1968.

CONTENTS


Preamble.
Sections.

  1. Short title.
  2. Amendment of section 3, Act VIII of 1873.
  3. Substitution of section 35, Act VIII of 1873.



THE CANAL AND DRAINAGE (WEST PAKISTAN AMENDMENT) ACT, 1968.
WEST PAKISTAN ACT NO. VII OF 1968.
[22nd July, 1968]
[First published, after having received the assent of the Governor of West Pakistan, in the Gazette of West Pakistan, dated the 22nd July, 1968].
AN
ACT
to amend the Canal and Drainage Act, 1873.


            WHEREAS it is expedient to amend the Canal and Drainage Act, 1873 (Act VIII of 1873), in the manner hereinafter appearing;

Preamble.

It is hereby enacted as follows: —


1.         This Act may be called the Canal and Drainage (West Pakistan Amendment) Act, 1968.

Short title extent

2.         In the Canal and Drainage Act, 1873 (Act VIII of 1873), hereinafter referred to as the said Act, in section 3, after clause (4), the following new clause (4A) shall be inserted, namely:

Amendment of section 3 Act VIII of 1873

"(4A) 'Board of Revenue" means the Board of Revenue established under the West Pakistan Board of Revenue- Act, 1957 (West Pakistan Act XI of 1957);".


3.         For section 35 of the said Act, the following shall be substituted, namely: —
"35. (1) All charges for the unauthorised use or for waste water may be recovered in addition to any penalties incurred on account of such use or waste.

Substitution of section 35 of Act VIII of 1873

(2) All questions under section 33 or section 34 shall be decided by the Divisional Canal Officer.
(3) Any person aggrieved by an order passed by the Divisional Canal Officer in respect of a question under section 33 may within thirty days of the passing of such order, appeal to the Commissioner, who, after giving such person an opportunity of being heard, may confirm, modify or set a side the order of the Divisional Canal Officer.


1.   For statement of Objects and Reasons, see Gazette of West Pakistan (Extraordinary), 1967, dated 4th July, 1967, pages 1888 K to 1888 L.

 

(4) Any person aggrieved by an order passed by the Divisional Canal Officer in respect of a question under section 34 may, within thirty day of the passing of such order, appeal to the Head Revenue Officer of the District, who after giving such person an opportunity of being heard, may confirm, modify or set aside the order of the Divisional Canal Officer.
(5) The Commissioner, on an application made to him by any person aggrieved by an order passed in appeal under sub-section (4), and the Board of Revenue, on an application made to it by any person aggrieved by an order passed in appeal under subsection (3), within ninety days of the passing of such order, and after giving such person an opportunity of being heard, may revise the order passed in appeal and the order passed by the Commissioner or the Board of Revenue, as the case may be, in revision shall be final. "

 

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