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  "title": "ON-FARM WATER MANAGEMENT AND WATER USERS’ ASSOCIATIONS ORDINANCE, 1981",
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  "text": "THE ON-FARM WATER MANAGEMENT AND WATER \r\nUSERS’ ASSOCIATIONS ORDINANCE, 1981 \r\n(V of 1981) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Field Officer to direct irrigators to re-construct, etc. the watercourse \r\n4. Future maintenance of a watercourse, etc \r\n5. Field officer to check maintenance of watercourse \r\n6. Formation and registration of Association \r\n7. Association to be a body corporate \r\n8. Certificate of registration to be conclusive evidence \r\n9. Disputes \r\n10. Cancellation of registration \r\n11. Liability of persons organizing or managing an Association \r\n12. Obstruction, an offence \r\n13. Power of Collector \r\n14. Power to make rules \r\n15. Ordinance to over-ride other laws \r\nTEXT \r\n1\r\nTHE ON-FARM WATER MANAGEMENT AND WATER USERS’ \r\nASSOCIATIONS ORDINANCE, 1981 \r\n(V of 1981) \r\n[22nd April, 1981] \r\nAn \r\nOrdinance \r\nto provide for on-farm water management, conservation and optimum utilization of \r\nirrigation water sources and formation of water users’ associations in the Province. \r\nPreamble.– WHEREAS it is expedient to provide for on -farm water management, \r\nconservation and optimum utilization of irrigation wat er sources, formation of water \r\nusers’ associations and matters ancillary thereto; \r\n NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, \r\n1977, read with the Laws (Continuance in Force) Order, 1977  (CMLA Order 1 of \r\n1977), the Governor o f the Punjab is pleased to make and  promulgate the following \r\nOrdinance:– \r\n1. Short title, extent and commencement. – (1) This Ordinance may be called \r\nthe On-Farm Water Management and Water Users’ Associations Ordinance, 1981. \r\n (2) It extends to the whole of the Province of the Punjab. \r\n (3) It shall come into force at once. \r\n2. Definitions.– (1) In this Ordinance, unless the context otherwise requires, the \r\nfollowing words and expressions shall have the meaning hereby respectively \r\nassigned to them:- \r\n(i) “Association” means a Water Users’ Association (Anjuman -e-\r\nAbpashan) registered under the Ordinance; \r\n2\r\n[(ii) “Field Officer” means and includes the District Officer On -Farm Water \r\nManagement or any other officer empowered as such by the \r\nGovernment \r\n3\r\n[;] ] \r\n(iii) “Government” means Government of the Punjab; \r\n(iv) “irrigator”, in respect of any land which is irrigated from a watercourse, \r\nmeans any person for the time being directly deriving benefit by such \r\nirrigation, and includes a land owner, tenant or lessee of such land; \r\n                                                           \r\n1This Ordinance was promulgated by the Governor of the Punjab on 19th April, 1981; and, published in the Punjab Gazette, \r\n(Extraordinary), dated 22nd April, 1981; pages 295-A to 295-H. \r\n2Substituted by the On-Farm Water Management and Water User’s Associations (Amendment) Ordinance, 2001 (XXV of 2001), \r\nw.e.f.13.10.2001, s.2; and published in the Punjab Gazette (Extraordinary), pages 1713 -1714, which will remain in force under \r\nthe Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months \r\nprescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. \r\n3Misprinted in the Gazette as “full-stop”. \r\n(v) “Watercourse” means any channel which is supplied with water from a \r\ncanal, but which is not maintained at the cost of Government and such \r\nsubsidiary works belonging to any such channel. \r\n(vi) “prescribed” means prescribed by rules framed under the Ordinance; \r\n(vii) “improvement” means and includes– \r\n(a) demolishing of the old watercourse; \r\n(b) removing of vegetation including trees, etc. growing in the way \r\nof a watercourse sanctioned by Government; \r\n(c) unloading of the banks of the watercourse by physica l removal \r\nof the silt deposit; \r\n(d) clearance of silt from the bed of the watercourse; \r\n(e) re-alignment of the watercourse based on engineering survey \r\nand design; \r\n(f) installation of pacca nakkas at sanctioned sites; \r\n(g) construction of culverts on the crossings; \r\n(h) brick-lining of weak reaches of the watercourse up to certain \r\nfixed limit; and \r\n(i) construction, reconstruction or maintenance of buffalo wallows, \r\nwhere required. \r\n (2) Words and expressions used in the Ordinance but not defined herein \r\nshall have the same meanings as are respectively assigned to them in the Canal and \r\nDrainage Act, 1873 (VIII of 1873) and the Punjab Land Revenue Act, 1967 (W.P. Act \r\nXVII of 1967). \r\n3. Field Officer to direct irrigators to re-construct, etc. the watercourse.– (1) \r\nWhere a Field Officer, on receipt of an application to this effect or on the basis of his \r\nown observation, is of the opinion that a watercourse needs reconstruction, \r\nmaintenance, or improvement, he may pass an order directing the irrigators of the \r\nwatercourse jointly responsible with others for the re-construction or maintenance of a \r\nwatercourse or jointly making use of a watercourse with others to reconstruct, maintain \r\nor improve the watercourse within the period specified in that order. \r\n (2) Where an order is  passed under sub -section (1), every irrigator jointly \r\nresponsible with others for the re -construction, maintenance or improvement of a \r\nwatercourse, or jointly making use of a watercourse with others shall be responsible \r\nto execute his share of work necess ary for, and be liable to pay his share of the cost \r\nof, such reconstruction, maintenance or improvement and if the share of his liability \r\nas determined by the Field Officer is not paid by him within such period as is \r\nspecified by the Field O fficer, the same shall be recoverable from that person as if it \r\nwere an arrear of land revenue. \r\n (3) If on receipt of an order under sub -section (1), the persons to whom it \r\nis addressed do not, within the period specified, reconstruct, maintain or improve the \r\nwatercourse to the satisfaction of the Field Officer, he may take necessary steps for \r\nthe reconstruction, maintenance or improvement of the watercourse. \r\n (4) Where the irrigators of a watercourse jointly responsible with others for \r\nthe reconstruction, maintenance or improvement of a watercourse or jointly making \r\nuse of a watercourse with others, have formed themselves into an Association and \r\nthe same is registered with the Field Officer under the provisions of the Ordinance, \r\nhe shall, before undertaking the reconstruc tion, maintenance or improvement of the \r\nwatercourse, provide an opportunity to the Association to carry out the job of re -\r\nconstruction, maintenance or improvement of the watercourse. \r\n (5) If an Association, to whom the work of reconstruction, maintenance o r \r\nimprovement of the watercourse h as been entrusted by the Field O fficer does not \r\nexecute the work according to the specifications laid down by the Field Officer or does \r\nnot commence or complete the execution of the work within t he time specified by the \r\nField Officer, the Field Officer may cancel the entrustment of the job to the Association \r\nand take necessary steps to get the reconstruction, maintenance or improvement of the \r\nwatercourse done at the cost of the irrigators. \r\n4. Future maintenance of a waterco urse, etc.– (1) Where a watercourse has \r\nbeen re-constructed or improved by an Association the Field O fficer may, subject to \r\nsuch conditions as may be laid down by him, entrust the future maintenance of the \r\nwatercourse to that Association, on behalf of all the irrigators of the watercourse. \r\n (2) Where a watercourse has been re -constructed or improved by an \r\nAssociation or where the future maintenance of the watercourse has been entrusted \r\nto it under sub -section (1), it shall carry out the works to  the satisfaction of the Field \r\nOfficer and shall be entitled to recover proportionate cost of reconstruction, \r\nimprovement or maintenance, as the case may be, from the members of the \r\nAssociations as well as the irrigators who are not members of the Association. \r\n (3) If any of the irrigators, whether he is a member of the Association or \r\nnot, refuses or fails to pay to the Association his share of the cost of re -construction, \r\nmaintenance or improvement as determined by the Association, the same s hall be \r\nrecovered by the F ield O fficer as an arrear of land revenue and paid to the \r\nAssociation. \r\n5. Field Officer to check maintenance of watercourse. – The Field Officer \r\nshall, from time to time, make spot -inspection of the watercourse to satisfy himself \r\nthat it is being properly m aintained and may issue such directions for the proper \r\nmaintenance of a watercourse as may be considered necessary. \r\n6. Formation and registration of Association. – (1) Where the majority of the \r\nirrigators of a watercourse agree to associate in the work of r econstruction, \r\nmaintenance or improvement of the watercourse, they may form an Association to \r\nbe known as Water Users’ Association (Anjuman-e-Abpashan). \r\n (2) An Association seeking registration under the Ordinance shall make an \r\napplication to the Field Officer in the prescribed manner and on the prescribed form \r\ncontaining inter-alia, the following particulars:– \r\n(i) a list of members of the Association with full particulars thereof; \r\n(ii) a copy of the bye-laws of the Association; \r\n(iii) the names and other pa rticulars of the office bearers of the \r\nAssociation; and \r\n(iv) a list of all the irrigators jointly responsible for the re -construction, \r\nmaintenance or improvement of a watercourse or jointly making use of \r\nwatercourse with others. \r\n (3) On receipt of an appli cation un der sub -section (2), the Field O fficer \r\nshall convene a meeting of all the irrigators of the watercourse. \r\n (4) If the Field Officer is satisfied that the list of all the irrigators of the \r\nwatercourse, as furnished by the Association, is correct and  that the Association \r\nmeets all the requirements as laid down in sub -section (5), he may register the \r\nAssociation for the purposes of the Ordinance and shall issue to the Association a \r\ncertificate of registration on the prescribed form. \r\n (5) No Association shall be registered under the Ordinance unless– \r\n(i) fifty-one per cent of the total number of irrigators of the watercourse are \r\nmembers of the Association; \r\n(ii) the bye -laws framed by the Association are not inconsistent with the \r\nOrdinance and the rules; \r\n(iii) the office bearers and members of the Managing Committee of the \r\nAssociation have been duly elected in accordance with the bye -laws of \r\nthe Association; and \r\n(iv) the Association is maintaining a Bank Account in a scheduled bank. \r\n (6) The decision of th e Field O fficer granting or refusing to grant \r\nregistration under the Ordinance shall be final and shall not be called in question in \r\nany court or before any authority. \r\n (7) Where a question arises as to whether a particular person is or is not \r\nan irrigator, the decision of the Field Officer shall be final. \r\n (8) The Field O fficer shall maintain a register containing such particulars \r\nas may be prescribed, of all the certificates of registration issued by him under the \r\nOrdinance. \r\n7. Association to be a body co rporate.– The registration of an Association \r\nunder the Ordinance shall render it a body corporate in the name under which it is \r\nregistered with perpetual succession and a common seal with power to hold \r\nproperty, enter into contracts, institute and defend s uits and other legal proceedings \r\nand to do all acts necessary for the purposes of carrying out its functions. \r\n8. Certificate of registration to be conclusive evidence. – A certificate of \r\nregistration issued to an Association under the Ordinance shall be con clusive \r\nevidence of the fact that the Association is duly registered under the Ordinance \r\nunless it is proved that the registration of the Association has been cancelled. \r\n9. Disputes.– (1) If any dispute touching the business of an Association arises \r\nbetween– \r\n(a) members or past members of an Association or persons claiming \r\nthrough members or past members; \r\n(b) members or past members or persons so claiming and any past or \r\npresent officer, agent or servant of an Association; \r\n(c) An Association or its Managing  Committee and any past or present \r\nmember of the Association or between an Association or its Managing \r\nCommittee and any past or present officer, agent or servant of the \r\nAssociation, of a surety of such officer, agent or servant whether such \r\nsurety is or is not a member of the Association; and \r\n(d) one Association and another Association; \r\n  it shall be referred to the Field Officer of the area for decision. \r\n (2) The Field Officer may hear the dispute and decide the matter. \r\n(3) The decision of the Field Officer shall be final. \r\n10. Cancellation of Registration.– (1) The registration of an Association  may be \r\ncancelled by the Field Officer if– \r\n(i) the membership of the Association has been reduced to less than fifty -\r\none percent of the total number of irrigators on the watercourse; or \r\n(ii) not less than three -fourths of the members of Association at a special \r\ngeneral body meeting called for the purpose pass a resolution for the \r\nwinding up of Association and move an application to the Field Officer \r\nto that effect and the Field Officer after considering the application and \r\nmaking such inquiries as he may deem fit, is of the opinion that the \r\nregistration of the Association ought to be cancelled; \r\n(iii) the Association has refused or has failed to carry out the work \r\nentrusted to it by the Field Officer under the provisions of the \r\nOrdinance . \r\n4\r\n[Provided that no order of cancellation shall be passed without giving an \r\nopportunity of being heard to the Association.] \r\n (2) The Field officer while ordering the cancellation of the registration of an \r\nAssociation may– \r\n(a) order any person, bank or body who holds any money, \r\nsecurities or other assets of the Association, not to part with \r\nsuch money, securities and assets without the previous \r\npermission, in writing of the Field officer; \r\n(b) appoint a person to wind up the affairs of the Association with \r\npower to \r\n5\r\n[institute] and defend suits and other legal proceedings \r\non behalf of the Association and to make such orders and take \r\nsuch actions as may appear to him to be necessary for the  \r\npurpose; \r\n(c) order any money, securities or assets, remaining after \r\nsatisfaction of the liabilities of the Association to be paid to the \r\nmembers; and \r\n                                                           \r\n4Added by the On -Farm Water Management and Water Users  Association (Amendment) Ordinance, 1984  (XXXIV of 1984) , \r\nw.e.f.17.12.1984, s.2; and published in the Punjab Gazette (Extraordinary), pages 2057-2058. \r\n5Misprinted in the Gazette as “intitute”. \r\n(d) order any article, vehicle, instrument or other property provided \r\nto the Association by any Governmen t agency or department to \r\nbe handed over to such other Association or a person as may \r\nbe specified. \r\n11. Liability of persons organising or managing an Association.– (1) Where it \r\nappears to the Field Officer that any person who has taken part in the organization or \r\nmanagement of an Association or any past or present office bearers or members of \r\nthe Managing Committee or an officer of the Association has misapplied, \r\nmisappropriated or retained any money or property of the Associ ation or has been \r\nguilty of mis -feasance or breach of trust in relation to the Association , the Field \r\nOfficer may on his own motion and shall, on the application of any creditor or \r\ncontributory, examine into the conduct of such person and make an order requiring \r\nhim to repay or restore the money or property or any part thereof respectively with \r\ninterest at such rate as the Field Officer thinks fit or to contribute such sum to the \r\nassets of the Association by way of compensation in regard to the mis -application, \r\nmisappropriation, retentio n, mis -feasance o r breach of trust as the Field O fficer \r\nthinks just . \r\n \r\n6\r\n[Provided that no order under sub -section (1) shall be passed without giving \r\nan opportunity of being heard to the person to be affected thereby.]  \r\n(2) If any person referred to in sub -section (1) does not comply with the \r\norder of the Field Officer, the amount involved may be recovered from him by the \r\nField Officer as an arrear of land revenue. \r\n (3) This section shall apply notwithstanding that the act is one for which \r\nthe offender may be criminally responsible. \r\n12. Obstruction an offence.– Any person who willfully causes obstruction in the \r\nwork of reconstruction, maintenance or improvement of a watercourse undertaken by \r\nan Association under the provisions of the Ordinance or by any perso n employed by \r\nthe Association for such purpose shall be deemed to be obstructing a public servant in \r\nthe discharge of his public functions and shall be punished accordingly. \r\n13. Power of Collector. – Government may by notification in the official Gazette, \r\ninvest a Field Officer with the powers of a Collector for the recovery of an amount \r\ndue against a person under the Ordinance as arrear of land revenue under the \r\nPunjab Land Revenue Act, 1967 (W.P. Act No. XVII of 1967). \r\n14. Power to make rules. – (1) Government may make rules for carrying out the \r\npurposes of the Ordinance. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npower such rules may provide for– \r\n(i) matters which may or may not be provided in the bye -laws of an \r\nAssociation for purposes of registration under the Ordinance or the \r\nstandard bye-laws which may be adopted by an Association; \r\n                                                           \r\n6Added by the On -Farm Water Management and Water Users Association (Amendment) Ordinance, 1984 (XXXIV o f 1984), \r\nw.e.f.17.12.1984, s.2; and published in the Punjab Gazette (Extraordinary), pages 2057-2058. \r\n(ii) the manner in which and the authority by whom the audit of accounts of \r\nan Association is to be conducted; and \r\n(iii) any other matter ancillary or incidental thereto. \r\n15. Ordinance to over -ride other laws. – The provisions of the Ordinance and \r\nthe rules made thereunder shall have effect notwithstanding anything to the contrary \r\ncontained in any other law for the time being in force.",
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}