Updated: Tuesday November 19, 2013/AthThulatha
Muharram 16, 1435/Mangalavara
Karthika 28, 1935, at 09:15:35 PM
[1][1]The
(Pb. Act XI of 1997)
[
An
Act to provide for the establishment of the
Preamble.— Whereas it is expedient to establish the Punjab
Irrigation and Drainage Authority to implement the strategy of the Government
of Punjab for streamlining the Irrigation and Drainage System; to replace the
existing administrative setup and procedures with more responsive, efficient
and transparent arrangements; to achieve economical and effective operation and
maintenance of the irrigation, drainage and flood control system in the
Province; to make the irrigation and drainage network sustainable on a
long-term basis and introduce participation of beneficiaries in the operation
and management thereof;
It
is hereby enacted as follows:---
1. Short title and commencement.— (1) This Act may be called the Punjab
Irrigation and Drainage Authority Act, 1997.
(2) It shall come into force at once.
2. Constitution
of the Authority.— (1) There shall be established an Authority to be known as the Punjab
Irrigation and Drainage Authority.
(2) The Authority shall be a body corporate
having perpetual succession and a common seal with power to acquire, hold and
dispose of property and shall by the said name sue and be sued.
3. Composition of the Authority.— (1) The Authority shall consist of such
number of members as may be notified by the Government.
(2) The Minister for Irrigation and Power
shall be the Chairman of the Authority.
(3) Not less
than six members shall be farmers and the number of non-farmer members shall
not exceed the number of the farmer members.
(4) In the absence of the Chairman in a
meeting the members present in the meeting may elect a member from amongst
themselves to act as Chairman of the meeting.
4. Board of Management.— (1) Subject to the control and guidance of
the Authority the management of the affairs of the Authority shall be carried
out by the Board of Management appointed by the Authority with the prior approval
of the Government and comprising a Managing Director and three General
Managers.
(2) The Managing Director and the General
Managers shall have technical background and practical experience in the
profession relevant to their job description.
5. Powers and duties of the Authority.— The Authority shall have the following
powers and duties,---
(1) To
receive irrigation supplies at the barrages falling within the province and
from the inter-provincial or link canals and deliver the same in agreed
quantities to the various water users and Area Water Boards in the Province.
(2) To ensure conveyance of drainage effluent to
the outfall in co-ordination with Area Water Boards and Farmers Organisations
as the case may be.
(3) To
exercise all the powers under the Canal and Drainage Act 1873, the Soil
Reclamation Act 1952 and any other law for the time being in force relating to
the subject matter of these Acts.
(4) To
fix the rates in consultation with the Government for the supply of irrigation
water and of the drainage cess payable for the disposal of the drainage
effluent.
(5) To
levy appropriate surcharge for late payments and recover arrears from
defaulters under the Land Revenue Act provided that in case the Government
declares a remission, waiver, re-scheduling or suspension of payment of any of
the dues of the Authority, the same shall be debited to the account of the
Government who shall simultaneously notify how the Authority shall be
compensated for the loss thereby caused to the Authority or any other entity
established under this Act.
(6) To
formulate and implement policies in the water resources sector with a view to
continuously improve and achieve effective, economical and efficient
utilization, preservation and improvement of such water resources by the water
users of the Province on a sustainable basis.
(7) To
formulate and implement policy guidelines and procedures for the proper and
efficient exercise of powers available under this Act by the various entities
and their directors and employees and to prescribe training requirements and
programmes which may be conducted by the various entities under this Act in
this behalf.
(8) To conduct any inquiries and hear any
complaints and adjudicate on any dispute or differences of opinion between the
Authority and different entities established under this Act and any individual
and the said entities in accordance with the principles of natural justice
relevant thereto and to faithfully and punctually implement such decisions as
per letter and spirit thereof.
(9) To
prescribe and adhere to the procedures for the filing of documentation
regarding water allocation in the Province and all concessions, licences and
leases granted by any entity under this Act and to ensure availability thereof
to the general public for inspection and taking of copies thereof.
(10) To
establish criteria and procedures for granting, modifying, reassigning,
renewing, suspending or revoking any concessions, licences or subleases granted
by the Authority to any other entity or person and for the management of the
infrastructure in the event of suspension or revocation of a concession,
licence or sublease.
(11) To
operate and maintain the irrigation tube-wells, drainage, storage reservoirs
and flood control infrastructure in the Province including hill torrent control
and development works for irrigation of adjoining lands including watershed
management practices in catchment areas.
(12) To
plan, design, construct and improve the irrigation, drainage, storage
reservoirs and flood control system with a view to ensure optimal utilization
of the water resources of the Province on an equitable and efficient basis.
(13) To
maintain all relevant and necessary records, registers and data banks as may be
relevant or necessary for the effective performance of any or all of its powers
and duties.
(14) To
issue such directions and take all such steps as may reasonably be necessary
for the prevention and removal of encroachments and unauthorized construction
along or on the properties of the Authority.
(15) To
prescribe rates, fees and other charges to be payable in respect of various
types of services which the Authority may be required to render or provide
under this Act.
(16) To
operate and maintain the equipment, machinery and stores of the Authority
effectively, efficiently and in a business like manner.
(17) To
undertake anti-erosion operations including conservation of forests and
reafforestation and with a view to achieve this purpose, to restrict or
prohibit by general or special order the clearing or breaking up of land in the
catchment areas of any rivers, hill torrents and other streams.
(18) To
undertake any work, incur any expenditure, procure machinery, plant and stores
required for use by the Authority and to negotiate, execute, adopt and ratify
all such contracts as may be considered necessary or expedient.
(19) To
acquire and dispose of any land, property or machinery or equipment or any
other interest in or regarding any land or property.
(20) To direct that any work required to be carried
out by a person in connection with training of rivers, hill torrents and any
other streams or undertaking of anti-erosion measures including conservation of
forests and reafforestation but remaining undone shall, after reasonable notice
to such person and due consideration of any objections raised by him in this
regard, be undertaken by the Authority and determine the cost to be borne by
such person, or after notice and due enquiry, by any other person who may be
held by the Authority to be liable for the same.
(21) To utilize the Authority Fund to meet the cost
and expenses incurred on account of and in connection with the due performance
of the various functions of the Authority under this Act including the payment
of salaries and other remunerations to the management and employees of the
Authority.
(22) To formulate, implement and continuously
review and improve the policies and procedures relevant to the management of
finances and maintenance of the accounts of the Authority as well as for the
inventory and assets valuation and disposal and for the recruitment, promotion,
retirement (upon attainment of age of superannuation or otherwise) and earlier
conclusion of employment of the employees of the Authority.
(23) To
formulate financial policies aimed at ensuring that the finances of the
Authority are managed in a consistent, conservative and diligent manner as to
protect its assets including providing for their maintenance and periodic
replacement as necessary, preserve its capital and reserves, and promptly
service its debts and obligations.
(24) To
formulate, adopt and implement policies aimed at promoting, formation, growth
and development of Area Water Boards, Farmers Organizations and compilation and
faithful monitoring of the results thereof as per the requirements prescribed
under this Act and to ensure orderly and systematic induction thereof into the
operations of the Authority.
(25) To
prepare or cause to be prepared and regularly update or cause to be updated
Staffing, Operational and Financial Plans.
(26) To
prepare and implement policies with a view to ensure that the staffing levels
within the Authority and other entities under this Act conform with the
corresponding levels indicated in the Staffing, Operational and Financial Plans
prepared and updated as above.
(27) To
formulate and implement policies with a view to ensure that the Authority and
other entities as the case may be under this Act become fully operative as self
supporting and financially self sustaining entities, to the extent of full
recovery of O&M cost of canals and subsidiary drains within a period of 7
to 10 years.
(28) To
formulate, implement and regularly update policies, studies and research
programmes with a view to development and management of water resources, solve
and eliminate and prevent water logging and salinity, and to develop irrigated
agriculture in the Province.
(29) To conduct studies with a view to regularly
analyze and evaluate the impact of the operations and policies of the Authority
on the ecology and environment within the Province with a view to establish the
various available options for the minimization of the adverse impact of such
operations and policies, if any, and to adopt the optimal options for further
action.
(30) To
coordinate and regulate the measures being undertaken or required to be
undertaken in the Province for recording and gauging surface waters, monitoring
of groundwater table and quality of water and the compilation of data relevant
thereto and in this regard to establish and regularly maintain proper liaison
with similar work being undertaken in other provinces.
(31) To cause studies, surveys, experiments,
technical investigations and research to be conducted in connection with or
regarding the functions and duties of the Authority or of any other entity
under this Act.
(32) To
publish or cause to be published various policies, details, data and
information relevant to the affairs of the Authority on a regular basis and to
ensure reasonable access of the public to the same.
6. Right of entry.— (1) The Managing Director, or any other
person authorized by him in writing, may, after reasonable prior notice to that
effect, enter upon and survey any land, erect pillars for the determination of
intended lines of work, make borings and excavations and do all other acts
which may be necessary for the preparation and implementation of any scheme
under any provision of this Act.
(2) If the affected land does not vest in
the Authority, the power conferred by the above sub-section shall be exercised
in such manner as to cause the least interference with and damage to such land
and the rights of the owner thereof.
(3) When any person enters into or upon any
land pursuant to sub-section (1) above, he shall, at the time of such entry or
as soon thereafter as may be practicable but in no case later than 60 days from
the date of such entry, pay or tender payment for all necessary damage likely
to be caused on account of any operations proposed to be carried out or carried
out under sub-section (1) above.
(4) In case
of any dispute, the same shall be referred to the Collector/Deputy Commissioner
of the district who shall decide the same within a maximum period of 60 days
from the date of such reference.
7. Arrangement with local bodies or other
agency.— (1) As soon as any
scheme has been completed by the Authority or at a later date, the Authority
may arrange by a written agreement with a Local Body or other agency within
whose jurisdiction any particular area covered by the scheme lies, to take over
and maintain any of the works comprising such scheme in the said area.
(2) The Government shall have the power to
direct the Authority to hand over any schemes completed by the latter to any
agency of the Government or a Local Body or take over such schemes completed by
any Agency.
(3) In any such case, the Authority shall be
entitled to receive the expenditure incurred on such schemes.
8. Control over Provincial water
resources.— Subject to the
Indus Water Treaty (1960) and Water Apportionment Accord (1991), the Authority
shall have control over all the rivers, canals, drains, streams, hill torrents,
public springs, natural lakes, reservoirs (except such reservoirs as are under
the control of WAPDA) and underground water resources within the Province to
give effect to schemes to be prepared under this Act in relation to public
purposes.
9. Appointment of officers, servants etc.— The Authority may employ such officers and
servants, or appoint such experts or consultants as it may consider necessary
for the performance of its functions, on such terms and conditions as it may
deem fit.
10. Delegation of powers to Managing Director
etc.— The Authority may, by
general or special order, delegate to the Managing Director, a Member of the
Board of Management or officer or servant of the Authority any of its powers,
duties or functions, under this Act subject to such conditions as it may deem
fit to impose.
11. Persons serving in the Provincial Irrigation
and Power Department.— (1)
All employees of the Irrigation Wing of the Provincial Irrigation and Power
Department except such employees as may be specified by the Government in this
behalf shall, subject to any other provisions contained herein, on coming in
force of this Act, become the employees of the Authority.
(2) Employees under sub-section (1) shall
serve the Authority on such terms and conditions as may be prescribed by rules
and regulations of the Authority but in any case not less favourable than their
existing terms and conditions of service.
(3) The Authority shall, through adoption of
policies of hiring freeze, reassignment, non-replacement of employees retiring
upon attainment of age of superannuation and providing incentives for early
retirement, bring the number of its employees in conformity with the
corresponding numbers indicated in the relevant Staffing, Operational and
Financial Plans.
(4) The government shall contribute to the
pension, gratuity and final payment of provident fund of the employees of the
Provincial Irrigation & Power Department who become the employees of the
Authority under sub-section (1) as per the relevant Rules.
12. Authority
Fund.—
There shall be a fund to be known as the “Punjab Irrigation and Drainage
Authority Fund” vested in the Authority to which shall be credited all sums
received by the Authority.
13. Budget, audit and accounts.— The budget of the Authority shall be
approved and its accounts shall be maintained and audited in such manner as may
be prescribed.
14. Establishment of Area Water Boards, etc.— (1) The Government may establish Area Water
Boards and Farmers’ Organizations and assign to them such functions as it may
deem fit:
Provided
that the Area Water Boards shall comprise not less than eight members who shall
be representatives of the farmers three out of whom shall be from the tail
reaches of canals; the Chairman of the Area Water Boards shall be a
representative of the farmers and the number of non-farmer members of the
Boards shall not exceed the farmer members.
(2) The Authority shall, within one year of
its establishment, devise and implement pilot programmes, policies and take
steps thereunder to ensure that an Area Water Board covering selected canal
command and Farmers’ Organisations at the minor and distributory level are
formed in a phased manner in accordance with the relevant Bye-Laws and
Regulations framed by the Authority.
(3) The pilot Area Water Board and Farmers’
Organisations shall be vested with such functions and power as would be
required to enable them to become financially self-sustaining and
self-sufficient to the extent of recovering complete O&M charges for
maintaining canals and subsidiary drains within a maximum period of ten (10)
years in the case of Area Water Board and seven (7) years for Farmers’ Organisations
from the respective dates of their formation.
(4) The process of setting up of further
Area Water Boards and Farmers’ Organisations will depend upon the successful
functioning of the pilot project.
15. Transfer of rights and liabilities.— Upon coming into force of this Act all
assets and liabilities and all rights and obligations of the Irrigation Wing of
Provincial Irrigation and Power Department shall stand transferred to the
Authority, on such terms and conditions particularly as regards use and disposal
of the said assets as may be prescribed by the Government.
16. Rules.— The Government may, by notification, make rules for carrying out the
purposes of this Act.
17. Regulations.— The Authority may by notification make
regulations not inconsistent with the provisions of this Act and the rules made
thereunder for the administration and management of the affairs of the
Authority.
18. Removal of difficulties.— If any difficulty arises in giving effect to
any of the provisions of this Act the Government may make such orders, not
inconsistent with the provisions of this Act as may appear to it to be
necessary for the purpose of removing the difficulty.
19. Repeal.—
The Punjab Irrigation and Drainage Authority Ordinance 1997 (XX of 1997) is
hereby repealed.
[1][1]This Act was passed by the
Punjab Assembly on 27th June, 1997; assented to by the Governor of the Punjab
on 29th June, 1997; and, was published in the Punjab Gazette (Extraordinary),
dated 2nd July, 1997, pages 1063 to 1068.
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