LexThe UNITED PROVINCES STATE TUBE-WELLS ACT, 1936
Uttar Pradesh · state statute
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THE UNITED PROVINCES STATE TUBE-WELLS ACT, 19361
[U. P. ACT No. XII of 1936]
Amended by
U. P. Act No. IV of 1954
U. P. Act No. 21 of 1980
Adopted and modified by the Government of India (Adoptation 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 2published 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 provide 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,
extent and
commencement
1. (1) This Act may be called the United Provinces State Tube-
wells Act, 1936.
(2) 3[ * * * ] It 4extends to the whole of 5[Uttar Pradesh] 6[ * * * ]
;
(3) 7[ It shall come into force at once.]
1. For Statement of Objects and Reasons please see Gazette Extraordinary, dated Oct. 17, 1936.
2. See Gaz. 1937. Pt. VII, pp. 7-8.
3. Omit. by sec. 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 ;
Act or order Notification, if Date from
Areas Under which any, under which enforced
Extended which enforced
1 2 3 4
1. Rampur Rampur (Applica- 285/XVII—345
District tion of Laws) Act, -49, d. Mar. 8, Mar. 15, 1952
1950. 1952.
2. Banaras Banaras (Applica-
District tion of Laws) Order . . . .
1949.
3. Tehri- Tehri-Gharwal (App-
Garhwal lication of Laws) . . . .
District Order, 1949
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5. Subs. by the A. O. 1950 for [the United Provinces].
6. The words (of Agra and Oudh) omit by ibid.
7. Subs. by sec. 2 (2) of U. P. Act IV of 1954.
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[The United Provinces State Tube Wells Act, 1936]
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 any tube -well constructed,
maintained or controlled by the 1[State Government] 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 juri sdiction 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[ X X X X ]
Appointment
of tube-well
officers
4. The 1[State Government] may from time to time appoint
officers to exercise or perform within such local limits as it may direct
all or any of the powers and 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 Act
I of 1920 not
to apply to
State
tubewells
5. The provisions of the United Provinces Minor Irrigation
Works, Act, 19203, shall not apply to State Tube-wells.
Application of
Act VIII of
1873 to State
tube-well
6. In respect of any State Tube -well the provisions of the
Northern India Canal and Drainage Act, 1973, except the provisions of
section 1, clauses (4) and (7) of section 3, section 4, section 5 and
Parts VI and VII of the said Act, shall be deemed 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 :
1. Subs. by the A. O. 1950 for (Prov. Govt.).
2. Omit. by sec. 3 of U. P. Act no. IV of 1954.
3. Ins. by sec. 4 of U.P. Act no. IV of 1954.
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The United Provinces State Tube Wells Act, 1936]
Provided further that for the purpose of such application the
said Act shall be subject to the modification indicated in the Schedule.
Power to
construct
under ground
pipe lines etc.
1[7. Any Tube -well Officer or other person acting under the
general or special order of a Tube-well Officer may, from time to time—
(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 or
occupier of
land
8. (1) No such work, as is referred to in section 7, shall be
executed unless not less than forty -eight hours’ notice in writing
before the commencement of work is 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 all 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
rules
9. The State Government may, by notification in the Gazette,
make rules for carrying out the purposes of this Act. ]
SCHEDULE
(Referred in section 6)
MODIFICATIONS IN THE NORTHERN INDIA CANAL AND
DRAINAGE ACT, 1873 (HEREINAFTER CALLED “THE SAID ACT”)
2[ 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
underground water for the purpose of a State Tube -well” shall be
deemed to be substituted. ]
1. Ins. by sec. 2 of U. P. Act no. 21 of 1980.
2. Subs. by sec. 4 of U. P. Act IV of 1954.
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The United Provinces State Tube Wells Act, 1936]
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 Of ficer”
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 1[State Government]”
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 likel y 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 sectio n shall be
deemed to be omitted.
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1. Subs. by the A. O. 1950 for the words (Prov. Govt.) which had been subs. for [L. G.] by the A. O. 1937.
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