[1]THE ON-FARM WATER MANAGEMENT AND WATER
USERS’ ASSOCIATIONS ORDINANCE, 1981
( V OF 1981)
[22nd
April, 1981]
An
Ordinance
to provide
for on-farm water management, conservation and optimum utilization of
irrigation water sources and formation of water users’ associations in the
Province
Preamble.— WHEREAS it is expedient to
provide for on-farm water management, conservation and optimum utilization of
irrigation water sources, formation of water users’ associations and matters
ancillary thereto;
NOW, THEREFORE, in pursuance of the
Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in
Force) Order, 1977 promulgate the following Ordinance:--
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the On-Farm
Water Management and Water Users’ Associations Ordinance, 1981.
(2)
It extends to the whole of the Province of the Punjab.
(3)
It shall come into force at once.
2.
Definitions.—
(1) In this Ordinance, unless the context otherwise requires, the following
words and expressions shall have the meanings hereby respectively assigned to
them:-
(i)
“Association” means a Water Users’ Association (Anjuman-e-Abpashan) registered
under the Ordinance;
[2][(ii) “Field Officer”
means and includes the District Officer On-Farm Water Management or any other
officer empowered as such by the Government;
(iii)
“Government” means Government of the Punjab;
(iv)
“irrigator” in respect of any land which is irrigated
from a watercourse, means any person for the time being directly deriving
benefit by such irrigation, and includes a land owner, tenant or lessee of such
land;
(v)
“Watercourse” means any channel which is supplied with
water from a canal, but which is not maintained at the cost of Government and
such subsidiary works belonging to any such channel.
(vi)
“prescribed” means prescribed by rules framed under the
Ordinance; (vii) “improvement” means
and includes— (a) demolishing of
the old watercourse;
(b)
removing of vegetation including trees, etc. growing in
the way of a watercourse sanctioned by Government;
(c)
unloading of the banks of the watercourse by physical
removal of the silt deposit;
(d)
clearance of silt from the bed of the watercourse;
(e)
re-alignment of the watercourse based on engineering
survey and design;
(f)
installation of pacca nakkas at sanctioned sites;
(g)
construction of culverts on the crossings;
(h)
brick-lining of weak reaches of the watercourse up to
certain fixed limit; and
(i)
construction, reconstruction or maintenance of buffalo
wallows, where required.
(3)
Words and expressions used in the Ordinance but not
defined herein shall have the same meanings as are respectively assigned to
them in the Canal and Drainage Act, 1873 (VIII of 1873) and the Punjab Land Revenue Act, 1967 (W.P.
Act XVII of 1967).
3.
Field
Officer to direct irrigators to re-construct, etc. the watercourse.— (1)
Where a Field Officer, on receipt of an application to this effect or on the
basis of his own observation, is of the opinion that a watercourse needs
reconstruction, maintenance or improvement, he may pass an order directing the
irrigators of the watercourse jointly responsible with others for the
reconstruction or maintenance of a watercourse or jointly making use of a watercourse
with others to reconstruct, maintain or improve the watercourse within the
period specified in that order.
(2)
Where an order is passed under sub-section (1), every
irrigator jointly responsible with others for the reconstruction, maintenance
or improvement of a watercourse, or jointly making use of a watercourse with
others shall be responsible to execute his share of work necessary for, and be
liable to pay his share of the cost of such reconstruction, maintenance or
improvement and if the share of his liability as determined by the Field
Officer is not paid by him within such period as is specified by the Field
Officer the same shall be recoverable from that person as if it were an arrear
of land revenue.
(3)
If on receipt of an order under sub-section (1), the
persons to whom it is addressed do not, within the period specified,
reconstruct, maintain or improve the watercourse to the satisfaction of the
Field Officer he may take necessary steps for the reconstruction, maintenance
or improvement of the watercourse.
(4)
Where the irrigators of a watercourse jointly
responsible with others for the reconstruction, maintenance or improvement of a
watercourse or jointly making use of a watercourse with others, have formed
themselves into an Association and the same is registered with the Field
Officer under the provisions of the Ordinance, he shall, before undertaking the
reconstruction, maintenance or improvement of the watercourse, provide an
opportunity to the Association to carry out the job of reconstruction, maintenance
or improvement of the watercourse.
(5)
If an Association, to whom the work of reconstruction,
maintenance or improvement of the watercourse has been entrusted by the Field
Officer does not execute the work according to the specifications laid down by
the Field Officer or does not commence or complete the execution of the work
within the time specified by the Field Officer, the Field Officer may cancel
the entrustment of the job to the Association and take necessary steps to get
the reconstruction, maintenance or improvement of the watercourse done at the
cost of the irrigators.
4.
Future
maintenance of a watercourse, etc.— (1) Where a watercourse has been
reconstructed or improved by an Association, the Field Officer may, subject to
such conditions as may be laid down by him, entrust the future maintenance of
the watercourse to that Association, on behalf of all the irrigators of the
watercourse.
(2)
Where a watercourse has been re-constructed or improved
by an Association or where the future maintenance of the watercourse has been
entrusted to it under sub-section (1), it shall carry out the works to the
satisfaction of the Field Officer and shall be entitled to recover
proportionate cost of reconstruction, improvement or maintenance, as the case
may be, from the members of the Associations as well as the irrigators who are
not members of the Association.
(3)
If any of the irrigators, whether he is a member of the
Association or not, refuses or fails to pay to the Association his share of the
cost of reconstruction, maintenance or improvement as determined by the
Association, the same shall be recovered by the Field Officer as an arrear of
land revenue and paid to the Association.
5.
Field
Officer to check maintenance of watercourse.— The Field Officer shall, from
time to time, make spot-inspection of the watercourse to satisfy himself that
it is being properly maintained and may issue such directions for the proper
maintenance of a watercourse as may be considered necessary.
6.
Formation
and registration of Association.— (1) Where the majority of the irrigators
of a watercourse agree to associate in the work of reconstruction, maintenance
or improvement of the watercourse, they may form an Association to be known as
Water Users’ Association (Anjuman-eAbpashan).
(2)
An Association seeking registration under the Ordinance
shall make an application to the Field Officer in the prescribed manner and on
the prescribed form containing inter alia,
the following particulars:-
(i)
a list of members of the Association with full
particulars thereof;
(ii)
a copy of the bye-laws of the Association;
(iii)
the names and other particulars of the office bearers
of the Association; and
(iv)
a list of all the irrigators jointly responsible for
the reconstruction, maintenance or improvement of a watercourse or jointly making
use of watercourse with others.
(3)
On receipt of an application under sub-section (2), the
Field Officer shall convene a meeting of all the irrigators of the watercourse.
(4)
If the Field Officer is satisfied that the list of all
the irrigators of the watercourse, as furnished by the Association, is correct
and that the Association meets all the requirements as laid down in sub-section
(5), he may register the Association for the purposes of the Ordinance and
shall issue to the Association a certificate of registration on the prescribed
form.
(5)
No Association shall be registered under the Ordinance
unless—
(i)
fifty-one per cent of the total number of irrigators of
the watercourse are members of the Association;
(ii)
the bye-laws framed by the Association are not inconsistent
with the Ordinance and the rules;
(iii)
the office bearers and members of the Managing
Committee of the Association have been duly elected in accordance with the
bye-laws of the Association; and (iv) the
Association is maintaining a Bank Account in a scheduled bank.
(6)
The decision of the Field Officer granting or refusing
to grant registration under the Ordinance shall be final and shall not be
called in question in any court or before any authority.
(7)
Where a question arises as to whether a particular
person is or is not an irrigator, the decision of the Field Officer shall be
final.
(8)
The Field Officer shall maintain a register containing
such particulars as may be prescribed, of all the certificates of registration
issued by him under the Ordinance.
7.
Association
to be a body corporate.— The registration of an Association under the
Ordinance shall render it a body corporate in the name under which it is
registered with perpetual succession and a common seal with power to hold
property, enter into contracts, institute and defend suits and other legal
proceedings and to do all acts necessary for the purposes of carrying out its
functions.
8.
Certificate
of registration to be conclusive evidence.— A certificate of registration
issued to an Association under the Ordinance shall be conclusive evidence of
the fact that the Association is duly registered under the Ordinance unless it
is proved that the registration of the Association has been cancelled.
9.
Disputes.—
(1) If any dispute touching the business of an Association arises between—
(a)
members or past members of an Association or persons
claiming through members or past members;
(b)
members or past members or persons so claiming and any
past or present officer, agent or servant of an Association;
(c)
An Association or its Managing Committee and any past
or present member of the Association or between an Association or its Managing
Committee and any past or present officer, agent or servant of the Association,
of a surety of such officer, agent or servant whether such surety is or is not
a member of the Association; and
(d)
one Association and another Association;
it shall be referred to the Field
Officer of the area for decision.
(2)
The Field Officer may hear the dispute and decide the
matter.
(3)
The decision of the Field Officer shall be final.
10.
Cancellation
of Registration.— (1) The registration of an Association may be cancelled
by the Field Officer if—
(i)
the membership of the Association has been reduced to
less than fifty-one percent of the total number of irrigators on the
watercourse; or
(ii)
not less than three-fourths of the members of
Association at a special general body meeting called for the purpose pass a
resolution for the winding up of Association and move an application to the
Field Officer to that effect and the Field Officer after considering the
application, and making such inquiries as he may deem fit, is of the opinion
that the registration of the Association ought to be cancelled;
(iii)
the Association has refused or has failed to carry out
the work entrusted to it by the Field Officer under the provisions of the
Ordinance:
[3][Provided
that no order of cancellation shall be passed without giving an opportunity of
being heard to the Association].
(2)
The Field officer while ordering the cancellation of
registration of an Association may
—
(a)
order any person, bank or body who holds any money,
securities or other assets of the Association, not to part with such money,
securities and assets
without the previous permission, in
writing of the Field officer;
(b)
appoint a person to wind up the affairs of the
Association with power to institute and defend suits and other legal
proceedings on behalf of the Association and to make such orders and take such
actions as may appear to him to be necessary for the purpose;
(c)
order any money, securities or assets, remaining after
satisfaction of the liabilities of the Association to be paid to the members;
and
(d)
order any article, vehicle, instrument or other
property provided to the Association by any Government agency or department to
be handed over to such other Association or a person as may be specified.
11.
Liability of
persons organising or managing an Association.— (1) Where it appears to the
Field Officer that any person who has taken part in the organization or
management of an Association or any past or present office bearers or members
of the Managing Committee or an officer of the Association has misapplied,
misappropriated or retained any money or property of the Association or has
been guilty of misfeasance or breach of trust in relation to the Association,
the Field Officer may on his own motion and shall, on the application of any
creditor or contributory, examine into the conduct of such person and make an
order requiring him to repay or restore the money or property or any part
thereof respectively with interest at such rate as the Field Officer thinks fit
or to contribute such sum to the assets of the Association by way of
compensation in regard to the mis-application, misappropriation, retention,
misfeasance or breach of trust as the Field Officer thinks just:
[4][Provided that no
order under sub-section (1) shall be passed without giving an opportunity of
being heard to the person to be affected thereby].
(2)
If any person referred to in sub-section (1) does not
comply with the order of the Field Officer, the amount involved may be
recovered from him by the Field Officer as an arrear of land revenue.
(3)
This section shall apply notwithstanding that the act
is one for which the offender may be criminally responsible.
12.
Obstruction,
an offence.— Any person who willfully causes obstruction in the work of
reconstruction, maintenance or improvement of a watercourse undertaken by an
Association under the provisions of the Ordinance or by any person employed by
the Association for such purpose shall be deemed to be obstructing a public
servant in the discharge of his public functions and shall be punished
accordingly.
13.
Power of
Collector.— Government may, by notification in the official Gazette, invest
a Field Officer with the powers of a Collector for the recovery of an amount
due against a person under the Ordinance as arrear of land revenue under the
Punjab Land Revenue Act, 1967 (W.P. Act No. XVII of 1967).
14.
Power to
make rules.— (1) Government may make rules for carrying out the purposes of
the Ordinance.
(2)
In particular and without prejudice to the generality
of the foregoing power such rules may provide for—
(i)
matters which may or may not be provided in the
bye-laws of an Association for purposes of registration under the Ordinance or
the standard bye-laws which may be adopted by an Association;
(ii)
the manner in which and the authority by whom the audit
of accounts of an Association is to be conducted; and
(iii)
any other matter ancillary or incidental thereto.
15.
Ordinance to
over-ride other laws.— The provisions of the Ordinance and the rules made
thereunder shall have effect notwithstanding anything to the contrary contained
in any other law for the time being in force.
[1]
This Ordinance was promulgated by the Governor of the Punjab on 19th April,
1981; and, published in the Punjab Gazette, (Extraordinary), dated 22nd April,
1981 ; pages 259-A to 259-H.
[2]
Substituted by the On-Farm Water Management and Water User’s Associations
(Amendment) Ordinance, 2001 (XXV of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[3]
Added by the On-Farm Water Management and Water Users’ Association (Amendment)
Ordinance, 1984 (XXXIV of 1984).
[4]
Added by the On-Farm Water Management and Water Users’ Association (Amendment)
Ordinance, 1984 (XXXIV of 1984).
No comments:
Post a Comment