The united provinces state tube-wells act, 1936

173 THE UNITED PROVINCES STATE TUBE-WELLS ACT, 19361 [U. P. ACT No. XII OF 1936] Amended by the U. P. Act no. IV of 1954 Adapted and modified by the Government of India (Adaptation of Indian Laws) Order, 1937 Adapted and modified by the Adaptation of Laws Order, 1950 [Received the assent of the Governor on December 12, 1936, and of the Governor- General on February 20, 1937, and was published2 under section 81 of the Government of India Act, 1919, on March 6, 1937.] AN ACT to provide for the construction, improvement and maintenance of State Tube-well irrigation works Preamble WHEREAS it is expedient to make provision for the construction, improvement and maintenance by Government of State-Tube-well irrigation works; AND WHEREAS the previous sanction of the Governor-General under sub- section (3) of section 80-A of the Government of India Act has been obtained to the passing of this Act; It is hereby enacted as follows: Short title, 1- (1) This Act may be called the United Provinces State Tube wells Act, 1936. extent and (2) [***]3 it extends4 to whole of [Uttar Pradesh]5 [***]6 commencement (3) [It shall come into force at once.]7 1- For S.O.R. see Gaz. Extra. d. Oct. 17, 1936. 2- See Gaz. 1937, Pt. VII, pp. 7-8. 3- Omitted by section 2(1) of U. P. Act IV of 1954. 4- This Act has been extended to the areas mentioned in column 1 of this table under the Act or Order mentioned in column 2 and enforced in such areas under notification, if any, mentioned in column 3 with effect from the date mentioned in column 4, against each such area : Areas Act or Order under Notification, if any, Date from which extended under which enforced which enforced 1 2 3 4 1. Rampur district Rampur (Application 285/XVII-345- March 15,1952 of Laws) Act, 1950 49,d.Mar.8,1952. 2. Banaras District Banaras (Application .. .. of Laws) Order, 1949 3. Tehri-Garhwal Tehri-Garhwal .. .. District (Application of laws) Order, 1949 5- Subs. by the A. O. 1950 for (the United Provinces). 6- The words (of Agra and Oudh) omit by ibid. 7- Subs. by section 2(2) of U.P. Act IV of 1954. 174 [The United Provinces State Tube wells Act, 1936] [Section 2-6] Definitions 2- In this Act, unless there be something repugnant in the subject or context -- (1) "tube-well" means any tube-well from which water is lifted by means of a pump operated otherwise than by human or animal power ; (2) "State tube-well" means a tube-well constructed, maintained or controlled by the [State Government]1 and includes all mechanical and electrical appliances, tools and structures appertaining to it and necessary for the abstraction of water from it; (3) "Tube-well Officer" means an officer appointed under section 4 to exercise control or jurisdiction over one or more State Tube-wells; "Superintending Engineer" means a Tube-well Officer exercising general control over circle comprising one or more tube well divisions ; "Divisional Officer" means Tube-well Officer exercising control over a division comprising one or more tube-well sub-divisions; "Sub-Divisional Officer" means a Tube-well Officer exercising control over a group of State tube-wells situated within an area designated a tube-well sub- division. 3- [***]2 Appointment 4- The [State Government]1 may from time to time appoint officers to exercise of tube well or perform within such local limits as it may direct all or any of the powers and officers duties conferred or imposed on Tube-well Officers by the Northern India Canal and Drainage Act, 1873, in its application to State Tube-wells as hereinafter provided. United Provinces 5- The provisions of [the United Provinces Minor Irrigation Works, Act, 1920,3 Act 1 of 1920 not shall not apply to State Tube-wells. to apply to State tube-wells Application of 6- In respect of any State Tube-well the provisions of the Northern India Canal Act VIII of and Drainage Act, 1873, except the provisions of section 1, clauses (4) and (7) of 1873 to State section 3, section 4, section 5 and Parts VI and VII of the said Act, shall be deemed tube-well to apply in like manner as if such State Tube-wells were a canal within the meaning of the said Act : Provided that in the application of the said Act every reference therein to a “Canal Officer” (except in section 27 of said Act) a "Superintending Canal Officer”, a “Divisional Canal Officer" or a "Sub-Divisional Canal Officer" shall be deemed to be a reference to a "Tube-well Officer" a "Superintending Engineer", a "Divisional Officer" or a "Sub-Divisional Officer" respectively: Provided further that for the purpose of such application the said Act shall be subject to the modification indicated in the Schedule. 1. Substituted by the A. O. 1950 for (provincial Government). 2. Omitted by section 3 of U.P Act 1954. 3. Subs. by section 4 ibid. 175 [The United Provinces State Tube wells Act, 1936] [Section 7-9] [Power to 7. Any Tube-well Officer or other person acting under the general or special construct under order of a Tube-well Officer may, from time to time – ground pipe lines etc. (a) place, dig, examine. repair, alter, maintain or remove a tube-well pipe line (including inter-sump, pipe stand, value chamber and outlet) Tube-well Kachagul, barha and earthen borrow pits, under, over, along, across, in or upon any immovable property and may, open or break-up the soil and, (b) for any such purpose enter upon such property at any time. Notice to owner 8. (1) No such work, as is referred to in section 7, shall be executed unless not or occupier of less than forty-eight hours notice in writing before the commencement of work is land given to the owner or occupier of the property and such owner or occupier shall have the right to be present during the execution of the work. (2) Where any person, in exercise of the powers under this Act, opens or breaks up the soil of any land, he shall with the reasonable speed, fill in the ground and reinstate and make good the soil opened or broken up. (3) A Tube-well Officer shall cause as little damage as possible to any property for the purpose of executing any work under this Act and shall in the prescribed manner, pay to the owner or occupier of such property compensation for any damage sustained by him. Power to make 9. The State Government may, by notification in the Gazette, make rules for rules carrying out the purposes of this Act.]1 1- Section 7, 8 and section 9 added by section 2 of U.P. Act No. 21 of 1980. 176 [The United Provinces State Tube wells Act, 1936] [Schedule] SCHEDULE (Referred in section 6) MODIFICATIONS IN THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873 (HEREINAFTER CALLED “THE SAID ACT”) [1-- In section 6 of the said Act for 'the words "day so named", the words "commencement of the U. P. State Tube-wells Act, 1936" shall be deemed to be substituted and for the words "such application or use of the said water" the words "the application or use of under-ground water for the purpose of a State 'Tube-well" shall be deemed to be substituted.]2 2-- In section 8 of the said Act clauses (a) and (c) and the reference thereto in clause (i) shall be deemed to be omitted, in clause (g) for the words "through any natural channel which has been used for purposes of irrigation" the words "in any well which has been used" shall be deemed to be substituted and in the last paragraph for the expression, "clauses (a), (b) and (c)" the expression "clause (b)" shall be deemed to be substituted. 3-- In section 27 of the said Act for the words "Canal Officer" the words "Divisional Officer" shall be deemed to be substituted. 4-- (1) In sub-clause (1) of clause (a) of section 32 of the said Act the words "and with the previous sanction of the [State Government]1” shall be deemed to be omitted. (2) Clause (d) of section 32 of the said Act shall be deemed to be omitted. 5-- In section 68, for the words "such officer shall thereupon give notice" the words "on receipt of such application or when in the opinion of Divisional Officer such difference is likely to arise he shall give notice" shall be deemed to be substituted. 6-- In clause (2) of section 70 the words "except by the construction of tube-well" shall be deemed to be inserted before the words "interferes" and clauses (6) to (9) of the said section shall be deemed to be omitted. 1. Subs. by the A. O. 1950 for the words (Provincial Government) which had been substituted for [L. G.] by the A. O. 1937. 2- Subs. by section 4 of U. P. Act No. IV of 1954.