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 published 2 under section 81 of the Government of 
India Act, 1919, on March 6, 1937.]  
AN 
ACT 
to provide for the construction, impr ovement 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,  
extent and  
commencement  
 
1- (1) This Act may be called the United Provinces State Tube­ wells Act, 1936.  
(2) [***]3 it extends4 to whole of [Uttar Pradesh]5  [***]6 
(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 
which extended 
Notification, if any, 
under which enforced 
Date from  
which enforced  
1 2 3 4 
1. Rampur district Rampur (Application 
of Laws) Act, 1950 
285/XVII-345-
49,d.Mar.8,1952. 
March 15,1952 
2. Banaras District  Banaras (A pplication 
of Laws) Order, 1949 
.. .. 
3. Tehri-Garhwal  
    District 
Tehri-Garhwal 
(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 contr olled 
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 with in an area designated a tube -well sub -
division.  
 
 3- [***]2 
 
Appointment 
of tube well  
officers  
4- The [State Government] 1 may from ti me to time  appoint officers to exercise 
or perform within such local limits as i t may direct all or any of the powers and 
duties conf erred or imposed on Tube -well Officers by the Northern India Canal 
and Drainage Ac t, 1873, in its application to State Tube -wells as hereinafter 
provided. 
 
United P rovinces 
Act 1 of 1920 not 
to apply to State 
tube-wells 
 
5- The provisions of [the United Provinces Minor Irrigation Works, Act, 1920, 3 
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, 1873, excep t 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 ap ply in like m anner as if such State Tube -wells wer e a canal within the 
meaning of the said Act :  
 Provided that in the application of the said Ac t every reference therein to a 
“Canal Officer”  (except in  sec tion 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 "Superinten ding Engineer", a 
"Divisional Officer" or a "Sub-Divisional Officer" respectively: 
Provided further that for the purpose of s uch 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  
construct under  
ground pipe  
lines etc. 
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 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 
rules 
9. The State Government may, by notification in the Gaze tte, make rules for 
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 ch annel 
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) o f 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 offi cer 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 "in terferes" 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 (Prov incial 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. 

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