The North-west Frontier Province Water User's Associations (amdnement) Ordinance, 1987

THE NORTH-WEST FRONTIER PROVINCE WATER USER'S ASSOCIATIONS (AMDNEMENT) ORDINANCE, 1987.
5th September, 1987.
N.-W. F. P. ORDINANCE NO. V OF 1987.
AN
ORDINANCE
to amend the North-West Frontier Province Water User's Associations Ordinance, 1981.


WHEREAS it is expedient to amend the North-West Frontier Province Water User's Associations Ordinance, 1981 (N.-W. F. P. Ord. II of 1981), for the purposes hereinafter appearing;

Preamble.

AND WHEREAS the Provincial Assembly is not in session and the Governor of the North-West Frontier Province is satisfied that circumstance exist which render it necessary to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 128 of the Constitution of the Islamic Republic of Pakistan, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:


1.         (1) This Ordinance may be called the North-West Frontier Province Water User's Associations (Amendment) Ordinance, 1987.

Short title and commencement.

(2) It shall come into force at once.


2.         In the North-West Frontier Province Water User's Associations Ordinance, 1981 (N.-W. F. P. Ord. II of 1981), hereinafter referred to as the said Ordinance, in section 2,—

Amendment of 2 of N.W.F.P Ord II of 1981.

(a)     after clause (g) the following new clause shall be inserted namely:— 
"(ga) 'field officer' means an officer declared as such by Government and includes the Director, the Deputy Director and the Assistant Director of the On-Farm Water Management"; and
(b)     after clause (i), the following new clause shall be inserted, namely;
"(ia) 'Management' means the Department or Directorate of On-Farm Water Management North-West Frontier Province.".


3.         In the said Ordinance, after section 7, the following new sections shall be inserted namely;

Insertion of new sections 7A and 7B to N.W.F.P Ord II of 1981.

 

"7 A. Recovery of cost.—(1) Notwithstanding any thing to the contrary contained in any law for the time being in force, where in connection with renovation of a water course the material used in such renovation is made available by the Management, all the irrigators making use of the water shall be liable to pay proportionately to the Management such percentage of the total cost of the material so used in the renovation of the water course as is specified by Government from time to time by notification in the official Gazette. The recovery shall be made in equal yearly instalments, spread over a period of five years, recoverable after a grace period of two years of the completion of the water course.

  1. For the purpose of recovery of cost under sub-section (1), the Field Officer shall work out the proportionate share of every irrigator and shall, by notice, require this irrigators to deposit with him their share in the manner specified in the notice. The share so deposited shall be credited by the Field Officer in a Government Treasury under the prescribed head of account.
  2. Where an irrigator fails to deposit his share, as worked out under sub-section (2), in the specified manner, the same shall be recoverable from the defaulter, along with a penalty at the rate of five percent per annum of the amount due, as if it were an arrear of land revenue:

Provided that where an irrigator has preferred an appeal under section 7 B, the manner specified for the deposit of his share shall be effiective from the date of the order passed in appeal.
(4)  All materials made available by the Management and used in connection with the renovation of a water course on or after the 1st day of July, 1985, shall be the materials in respect whereof the cost, as aforesaid, shall be recoverable under this section.
Explanation.—Renovation of Water Course for the purpose of this section shall include repair, improvement, construction and maintenance of a water course, removal of hindrance in the smooth flow of water in a watercourse, re-alignment of water course based on engineering survey and design, installation of Pacca Nakkas at sanctioned sites construction of culverts on the crossings and construction, reconstruction and maintenance of buffalo wallows where required.

  1. For the purpose of sub-section (2), the proportionate share of each irrigator shall be worked out on the basis of official warabandi of the Irrigation Department or the Board of Revenue, or, if there be no official warabandi, on the basis of Khangi warabandi.
  2. Any person who wilfully causes obstructions in the work of improvement of a water-course under taking by an Association or Government under the provision of this Ordinance shall be deemed to be obstructing a public servant in the discharge of his public functions and shall be punished accordingly.

 

7-B. Appeal—(1) Any irrigator not satisfied with the share as worked out under sub-section (2) of section 7B, may, within a period of thirty days from the date of receipt of the notice requiring him to deposit his share, prefer an appeal—

  1. to the next higher authority, if the share has been worked out by an officer declared by Government as a Field Officer; or
  2. to the Deputy Director, on Farm Water Management, if the share has been worked out by the Assistant Director; or
  3. to the Director, On Farm Water Management, if the share has been worked out by the Deputy Director; or
  4. to Government, if the share has been worked out by the Director, On Farm Water Management.

(2) The order passed in appeal shall be final and shall not be called in question before any court or authority:
Provided that no order shall be passed in appeal without giving the appellant an opportunity of being heard.".

 

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