PAKISTAN ENVIRONMENTAL PROTECTION ACT, 1997 ACT XXXIV OF 1997 An Act to provide for the protection, conservation, rehabilitation and improvement of the environment, for the prevention and control of pollution, and promotion of sustainable development [Gazette of Pakistan, Extraordinary, Part I, 6th December, 1997] F.9(46)/97-Legis., dated 6-12-1997.--The following Act of Majlis-eShoora (Parliament) received the assent of the Acting President on the 3rd December, 1997, is hereby published for general information:--- Whereas it is expedient to provide for the protection, conservation, rehabilitation and improvement of the environment, prevention and control of pollution, promotion of sustainable development, and for matters connected therewith and incidental thereto; It is hereby enacted as follows: 1.  Short title, extent and commencement.--(1) This Act may be called the Pakistan Environmental Protection Act, 1997. (2) It extends to the whole of Pakistan. (3) It shall come into force at once.

2. Definitions.--In this Act, unless there is anything repugnant in the subject or context,-- (i) "adverse environmental effect" means impairment of, or damage to, the environment and includes-- (a) impairment of, or damage to, human health and safety or to biodiversity or property; (b) pollution; and (c) any adverse environmental effect as may be specified in the regulations; (ii) "agricultural waste" means waste from farm and agricultural activities including poultry, cattle farming, animal husbandry residues from the use of fertilizers, pesticides and other farm chemicals: (iii) "air pollutant" means any substance that causes pollution of air and includes soot, smoke, dust particles, odour, light, electro-magnetic radiation, heat, fumes, combustion exhaust, exhaust gases, noxious gases, hazardous substances and radioactive substances; (iv) "biodiversity" or "biological diversity" means the variability among living organisms from all sources, including inter alia terrestrial, marine and other aquatic ecosystems and the

ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems; (v) "Council" means the Pakistan Environmental Protection Council established under section 3; (vi) "discharge" means spilling, leaking, pumping, depositing, seeping releasing, flowing out, pouring, emitting, emptying or dumping; (vii) "ecosystem" means a dynamic complex of plant, animal and microorganism communities and their non-living environment interacting as a functional unit; (viii) "effluent" means any material in solid, liquid or gaseous form or combination thereof being discharged from industrial activity or any other source and includes a slurry, suspension or vapour; (ix) "emission standards" means the permissible standards established by the Federal Agency or a Provincial Agency for emission of air pollutants and noise and for discharge of effluents and waste: (x) "environment" means-- (a) air, water and land; (b) all layers of the atmosphere; (c) all organic and inorganic matter and living organisms; (d) the ecosystem and ecological relationships; (e) buildings, structures, roads, facilities and works; (f) all social and economic conditions affecting community life, and (g) the inter relationships between any of the factors in sub-clauses (a) to (f) (xi) "environmental impact assessment" means an environmental study comprising collection of data, prediction of qualitative and quantitative impacts, comparison of alternatives, evaluation of preventive, mitigatory and compensatory measures, formulation of environmental management and training plans and monitoring arrangements, and framing of recommendations and such other components as may be prescribed; (xii) "Environmental Magistrate" means the Magistrate of the First Class appointed under section 24; (xiii) "Environmental Tribunal" means the Environmental Tribunal constituted under section 20; (xiv) "Exclusive Economic Zone" shall have the same meaning as defined in the Territorial Waters and Maritime Zones Act, 1976 (LXXXII of 1976);

 (xv) "Factory" means any premises in which industrial activity is being undertaken; (xvi) "Federal Agency" means the Pakistan Environmental Protection Agency established under section 5, or any Government Agency, local council or local authority exercising the powers and functions of the Federal Agency; (xvii) "Government Agency" includes-- (a) a division, department, attached department, bureau, section, commission, board, office or unit of the Federal Government or a 'Provincial Government; (b) a developmental or a local authority, company or corporation established or controlled by the Federal Government or Provincial Government; (c) a Provincial Environmental Protection Agency; and (d) any other body defined and listed in the Rules of Business of the Federal Government or a Provincial Government; (xviii) "hazardous substance" means (a) a substance or mixture of substances, other than a pesticide as defined in the Agricultural Pesticides Ordinance, 1971 (II of 1971), which, by reason of its chemical activity or toxic, explosive, flammable, corrosive, radioactive or other characteristics causes, or is likely to cause, directly or in combination with other matters, an adverse environmental effect; and (b) any substance which may be prescribed as a hazardous substance; (xix) "hazardous waste" means waste which is or which contains a hazardous substance or which may be prescribed as hazardous waste, and includes hospital waste and nuclear waste; (xx) "historic waters" means such limits of the waters adjacent to the land territory of Pakistan as may be specified by notification under section 7 of the Territorial Waters and Maritime Zones Act, 1976 (LXXXII of 1976); (xxi) "hospital waste" includes waste medical supplies and materials of all kinds, and waste blood, tissue, organs and other parts of the human and animal bodies, from hospitals, clinics and laboratories; (xxii) "industrial activity" means any operation or process for manufacturing, making, formulating, synthesising, altering, repairing, ornamenting, finishing, packing or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal, or for mining, for oil and gas exploration and development, or for pumping water or sewage, or for generating, transforming or transmitting power or for any other industrial or commercial purposes; (xxiii) "industrial waste" means waste resulting from an industrial activity; 

(xxiv) "initial environmental examination" means a preliminary environmental review of the reasonably foreseeable qualitative and quantitative impacts on the environment of a proposed project to determine whether it is likely to cause an adverse environmental effect for requiring preparation of an environmental impact assessment; (xxv) "local authority" means any agency set up or designated by the Federal Government or a Provincial Government by notification in the official Gazette to be a local authority for the purposes of this Act; (xxvi) "local council" means a local council constituted or established under a law relating to local Government; (xxvii) "motor vehicle" means any mechanically propelled vehicle adapted for use upon land whether its power of propulsion is transmitted thereto from an external or internal source, and includes a chassis to which a body has not been attached, and a trailer, but does not include a vehicle running upon fixed rails; (xxviii) "municipal waste" includes sewage, refuse, garbage, waste from abattoirs, sludge and human excreta and the like; (xxix) "National Environmental Quality Standards" means standards established by the Federal Agency under clause (e) of subsection (1) of section 6 and approved by the Council under clause (c) of subsection (1) of section 4; (xxx) "noise" means the intensity, duration and character, of sounds from all sources, and includes vibration; ' (xxxi) "nuclear waste" means waste from any nuclear reactor or nuclear plant or other nuclear energy system, whether or not such waste is radioactive; (xxxii) "person" means any natural person or legal entity and includes an individual, firm, association, partnership, society, group, company, corporation, cooperative society, Government Agency, non-governmental organization, community-based organization, village organization, local council or local authority and, in the case of a vessel, the master or other person having for the time being the charge or control of the vessel; (xxxiii) "pollution" means the contamination .;F air, land or water by the discharge or emission of effluents or wastes or air pollutants or noise or other matter which either directly or indirectly or in combination with other discharges or substances alters unfavourably the chemical, physical, biological, radiational, thermal or radiological or aesthetic properties of the air, land or water or which may, or is likely to make the air, land or water unclean, noxious or impure or injurious, disagreeable or detrimental to the health, safety, welfare or property of persons or harmful to biodiversity; (xxxiv) "prescribed" means prescribed by rules made under this Act; (xxxv) "project" means any activity, plan, scheme, proposal or undertaking involving arty change in the environment and includes-- (a) construction or use of buildings or other works;

 (b) construction or use 6f roads or other transport systems; (c) construction or operation of factories or other installations; (d) mineral prospecting, mining, quarrying, stone-crushing, drilling and the like; (e) any change of land use or water use, and (f) alteration, expansion, repair, decommissioning or abandonment of existing buildings or other works, roads or other transport systems, factories or other installations; (xxxvi) "proponent" means the person who proposes or intends to undertake a project; (xxxvii) "provincial Agency" means a Provincial Environmental Protection Agency established under section 8; (xxxviii) "regulations" means regulations made under this Act (xxxix) "rules" means rules made under this Act (xl) 'sewage" means liquid or semi-solid wastes and sludge from sanitary conveniences, kitchens, laundries, washing and similar activities and from any sewerage system or sewage disposal works; (xli) "standards" means qualitative and quantitative standards for discharge of effluents and wastes and for emission of air pollutants and noise either for general applicability or for a particular area, or from a particular production process, or for a particular product, and includes the National Environmental Quality Standards, emission standards and other standards established under this Act and the rules and regulations made thereunder; (xlii) "sustainable development" means development that meets the needs of the present generation without compromising the ability of future generations to meet their needs; (xliii) "territorial waters" shall have the same meaning as defined in the Territorial Waters and Maritime Zones Act, 1976 (LXXXII of 1976); (xliv) "vessel" includes anything made for the conveyance by water of human beings or of goods; and (xlv) "waste" means any substance or object which has been, is being or is intended to be, discarded or disposed of, and includes liquid waste, solid waste, waste gases, suspended waste, industrial waste, agricultural waste, nuclear waste, municipal waste, hospital waste, used polyethylene bags and residues from the incineration of all types of waste.

3 Establishment of the Pakistan Environmental Protection Council.-(1) The Federal Government shall, by Notification in the Official Gazette establish a council to be known as the Pakistan Environmental Protection Council consisting of- 

(i) Prime Minister or such other            person as the Prime Minister may            nominate in this behalf.                                      Chairperson.      (ii)    Minister in charge of the. Ministry            or Division dealing with the subject            of environment.          Vice-Chairperson      (iii)   Chief Ministers of the Provinces                        Members.      (iv)   Ministers in charge of the subject            of environment in the Provinces.                        Members (v) Such other persons not exceeding     thirty-five as the Federal Government  may appoint, of which at least twenty  shall be non-official including five  representatives of the Chambers of Commerce and Industry and industrial associations  and one or more representatives of the Chambers of Agriculture, the medical and legal professions, trade unions, and " non-governmental organizations concerned with the environment and development, and scientists, technical experts and  educationists.                                                              Members (vi) Secretary to the Government of Pakistan,     Incharge of the Ministry or Division                                                         dealing with the subject of environment.                    Member/Secretary. (2) The Members of the Council, other than ex officio members, shall be appointed in accordance with the prescribed procedure and shall hold office for a term of three years. (3) The Council shall frame its own rules of procedure. (4) The Council shall hold meetings as and when necessary, but not less than two meetings shall be held in a year. (5) The Council may constitute committees of its members and entrust them with such functions as it may deem fit, and the recommendations of the committees shall be submitted to the Council for approval. (6) The Council or any of its committees may invite any technical expert or representative of any Government Agency or non-governmental organization or other person possessing specialized knowledge of any subject for assistance in performance of its functions.

4. Functions and powers of the Council.--(1) The Council shall-- 

(a) coordinate and supervise enforcement of the provisions of this Act; (b) approve comprehensive national environmental policies and ensure their implementation within the framework of a national conservation strategy as may be approved by the Federal Government from time to time; (c) approve the National Environmental Quality Standards; (d) provide guidelines for the protection and conservation of species, habitats, and biodiversity in general, and for the conservation of renewable and non-renewable resources; (e) coordinate integration of the principles and concerns of sustainable development into national development plans and policies; and. (f) consider the National Environmental Report and give appropriate directions thereon. (2) The council may, either itself or on the request of any person or organization, direct the Federal Agency or any Government Agency to prepare, submit, promote or implement projects for the protection, conservation, rehabilitation and improvement of the environment, the prevention and control of pollution, and the sustainable development of resources, or to undertake research in any specified aspect of environment.

5. Establishment of the Pakistan Environmental Protection Agency, (1) The Federal Government shall, by notification in the Official Gazette, establish the Pakistan Environmental Protection Agency, to exercise the powers and perform the functions assigned to it under the provisions of this Act and the rules and regulations made thereunder. (2) The Federal Agency shall be headed by a Director-General, who shall be appointed by the Federal Government on such terms and conditions as it may determine. (3) The Federal Agency shall have such administrative, technical and legal staff as the Federal Government may specify, to be appointed in accordance with such procedure as may be prescribed. (4) The powers and functions of the Federal Agency shall be exercised and performed by the Director-General. (5) The Director-General may, by general or special order, delegate any of these powers and functions to staff appointed under subsection (3). (6) For assisting the Federal Agency in the discharge of its functions, the Federal Government shall establish Advisory Committees for various sectors, and appoint as members thereof eminent representatives of the relevant sector, educational institutions, research institutes and non-governmental organizations.

6. Functions of the Federal Agency.--(1) The Federal Agency shall-- 

(a) administer and implement the provisions of this Act and the Rules and regulations made thereunder; (b) prepare, in coordination with the appropriate Government Agency and in consultation with the concerned sect- oral Advisory Committees, national environmental policies for approval by the Council; (c) take all necessary measures for the implementation of the national environmental policies approved by the Council; (d) prepare and publish an Annual National. Environment Report on the state of the environment; (e) prepare or revise and establish the National Environmental Quality Standards with approval of the Council: Provided that before seeking approval of the Council, the Federal Agency shall publish the proposed National Environmental Quality Standards for public opinion in accordance with the prescribed procedure; and . (f) ensure enforcement of the National Environmental Quality Standards; (g) establish standards for the quality of the ambient air, water and land, by Notification in the Official Gazette, in consultation with the Provincial Agency concerned; Provided that-- (i) different standards for discharge or emission from different source and for different areas and conditions may be specified; (ii) where standards are less stringent than the National Environmental Quality Standards prior approval of the Council shall be obtained; (iii) certain areas, with the approval of the Council, may exclude from carrying out specific activities, projects from the application of such standards; (h) coordinate environmental policies and programmes nationally and internationally; (i) establish systems and procedures for surveys, surveillance, monitoring, measurement, examination, investigation, research, inspection and audit to prevent and control pollution, and to estimate the costs of cleaning up pollution and rehabilitating the environment in various sectors; (j) take measures to promote research and the development of science and technology which may contribute to the prevention of pollution, protection of the environment, and sustainable development; (k) certify one or more laboratories as approved laboratories for conducting tests and analysis and one or more research institutes as environmental research institutes for conducting research and investigation, for the purposes of this Act;

 (1) identify the needs for, and initiate legislation in various sectors of the environment; (m) render advice and assistance in environmental matters, including such information and data available with it as may be required for carrying out the purposes of this Act: Provided that the disclosure of such information shall be subject to the restrictions contained in the proviso to subsection (3) of section 12; (n) assist the local councils, local authorities, Government Agencies and other persons to implement schemes for the proper disposal of wastes so as to ensure compliance with the standards established by it; (o) provide information and guidance to the public on environmental matters; (p) recommend environmental courses, topics, literature and books for corporation in the curricula and syllabi of educational institutions; (q) promote public education and awareness of environmental issues through mass media and other means, including seminars and workshops; (r) specify safeguards for the prevention of accidents and disasters which may cause pollution collaborate with the concerned person in the preparation of contingency plans for control of such accidents and disasters, and co-ordinate implementation of such plans; (s) encourage the formation and working of non-governmental organizations, community organizations and village organizations to prevent and control pollution and promote sustainable development; (t) take or cause to be taken all necessary measures for the protection, conservation, rehabilitation and improvement of the environment, prevention and control of pollution and promotion of sustainable development; and (u) perform any function which the Council may assign to it (2) The Federal Agency may-- (a) undertake inquiries or investigation into environmental issues either of its own accord or upon complaint from any person or organization; (b) request any person to furnish any information or data relevant to its functions; (c) initiate with the approval of the Federal Government, requests for foreign assistance in support of the purposes of this Act and enter into arrangements with foreign agencies or organizations for the exchange of material or information and participate in international seminars or meetings; (d) recommend to the Federal Government the adoption of financial and fiscal programmes, schemes or measures for achieving environmental, objectives and goals and the purposes of this Act, including--

 (i) incentives, prizes, awards, subsidies, tax exemptions, rebates and depreciation allowances, and ' (ii) taxes, duties, cesses and other levies (e) establish and maintain laboratories to help in the performance of its functions under this Act and to conduct research in various aspects of the environment and provide or arrange necessary assistance for establishment of similar laboratories in the private sector; and (f) provide or arrange, in accordance with such procedure as may be prescribed, financial assistance for projects designed to facilitate the discharge of its functions.

7. Powers of the Federal Agency.--Subject to the provisions of this Act, the Federal. Agency may-- (a) lease, purchase, acquire, own, hold, improve, use or otherwise deal in and with any property both movable and immovable; , (b) sell, convey, mortgage, pledge, exchange or otherwise dispose of its property and assets; (c) fix and realize fees, rates and charges for rendering any service or providing any facility, information or data under this Act or the rules and regulations made thereunder; (d) Enter into contracts, execute instruments, incur liabilities. and do all acts or things necessary for proper management and conduct of its business; (e) appoint with the approval of the Federal Government and in accordance with such procedures as may be prescribed, such advisers, experts and consultants as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deem fit; (f) summon and enforce the attendance of any person and require him to supply any information or document needed for the conduct of any enquiry or investigation into any environmental issue; (g) enter and inspect and under the authority of a search warrant issued by the Environmental Tribunal or Environmental Magistrate, search at any reasonable time, any land, building, premises; vehicle or vessel or other place where or in which, there are reasonable grounds to believe that an offence under this Act has been or is being committed ; (h) take samples of any materials, products, articles or substances or of the effiluents, wastes or air pollutants being discharged or emitted or of air, water or land in the vicinity of the discharge of emission; (i) arrange for test and analysis of the samples at a certified laboratory; (j) confiscate any article used in the commission of the offence where the offender is not known or cannot be found within a reasonable time:

 Provided that the power under clauses (f), (h), (i), and (j) shall be exercised in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), or the rules made under this Act and under the direction of the Environmental Tribunal or Environmental Magistrate; and (h) Establish a National Environmental Coordination Committee comprising the Director-General as its Chairman and the Director-General of the Provincial Environmental Protection Agencies and such other persons as the Federal Government may appoint as its members to exercise such powers and perform such functions as may be delegated or assigned to it by the Federal Government for carrying out the purposes of this Act and for ensuring inter provincial co-ordination in environmental policies.

8 Establishment, powers and functions of the Provincial Environmental Protection Agencies.--(1) Every Provincial Government shall, by Notification in the Official Gazette, establish an Environmental Protection Agency, to exercise such powers and perform such functions as may be delegated to it by the Provincial Government under subsection (2) of section 26. (2) The Provincial Agency shall be headed by a Director-General who shall be appointed by the Provincial Government on such terms and conditions as it may determine. (3) The Provincial Agency shall have such administrative, technical and legal staff as the Provincial Government may specify, to be appointed in accordance with such procedure as may be prescribed. (4) The powers and functions of the Provincial Agency shall be exercised and performed by the Director-General. (5) The Director-General may, by general or special order, delegate any of these powers and functions to staff appointed under subsection (3). (6) For assistance of .the Provincial Agency in the discharge of its functions, the Provincial Government shall establish sectoral Advisory Committees for various sectors and appoint members from amongst eminent representatives of the relevant sector, educational institutions, research institutes and non-governmental organizations.

9.  Establishment of the Provincial Sustainable Development Funds.-- (1) There shall be established in each Province a Sustainable Development Fund. (2) The Provincial Sustainable Development Fund shall be derived from the following sources, namely:-- (a) Grants made or loans advanced by the Federal Government or the Provincial Governments; 

(b) aid and assistance, grants, advances, donations and other nonobligatory funds received from foreign Governments, national or international agencies, and non-governmental organizations; and . (c) Contributions from private organizations, and other persons. (3) The Provincial Sustainable Development Fund shall be utilized in accordance with such procedure as may be prescribed for -- (a) providing financial assistance to the projects designed for the protection, conservation, rehabilitation and improvement of the environment, the prevention and control of pollution, the sustainable development of resources and for research in any specified aspect of environment; and (b) any other purpose which in the opinion of the Board will help achieve environmental objectives and the purposes of this Act.

10. Management of the Provincial Sustainable Development Fund.--(1) The Provincial Sustainable Development Fund shall be managed by a Board known as the Provincial Sustainable Development Fund Board consisting of-- (i) Chairman, Planning and Development      Board/Additional Chief Secretary,      Planning and Development Department                       Chairperson (ii)Such officers of the Provincial      Governments not exceeding six as      the Provincial Government may appoint,      including Secretaries Incharge of the      Finance, Industries and Environment      Departments.                                                           Members (iii) Such non-official persons not exceeding      ten as the Provincial Government may      appoint including representatives of the      Provincial Chamber of Commerce and      Industry, non-Governmental Organizations,      and major donors.                                                   Members (iv) Director-General of the ProvincialAgency.                                 Member/Secretary (2) In accordance with such procedure and such criteria as may be prescribed, the Board shall have the power to-- (a) sanction financial assistance for eligible projects; 

(b) invest moneys held in the Provincial Sustainable Development Fund in such profit-bearing Government bonds, savings schemes and securities as it may deem suitable; and. (c) take such measures and exercise such powers as may be necessary for utilization of the Provincial Sustainable Development Fund for the purposes specified in subsection (3) of section 9. (3) The Board shall constitute committees of its members to undertake regular monitoring of projects financed from the Provincial Sustainable Development Fund and to submit progress reports to the Board which shall publish an Annual Report incorporating its annual audited accounts, and performance evaluation based on the progress reports.

11. Prohibition of certain discharges or emissions.--(1) Subject to the provisions of this Act and the Rules and Regulations made thereunder, no person shall discharge or emit or allow the discharge or emission of any effluent or waste or air pollutant or noise in an amount, concentration or level which is in excess of the National Environmental Quality Standards or, where applicable, the standards established under sub-clause (i) of clause (g) of subsection (1) of section 6. (2) The Federal Government levy a pollution charge on any person who contravenes or fails to comply with the provisions of subsection (1), to be calculated at such rate, and collected in accordance with such procedure as may be prescribed. (3) Any person who pays the pollution charge levied under. subsection (2) shall not be charged with an offence with respect too that contravention or failure. (4) The provisions of subsection (3) shall not apply to project which commenced industrial activity on or after the thirtieth day of June, 1994.

12. Initial environmental examination and environmental impact assessment.--(I) No proponent of a project shall commence construction or operation unless he has filed with the Federal Agency an initial environmental examination or, where the project is likely to cause an adverse environmental effect, an environmental impact assessment, and has obtained from the Federal Agency approval in respect thereof. (2) The Federal Agency shall- (a) review the initial environmental examination and accord its approval, or require submission of an environmental impact assessment by the proponent; or (b) review the environmental impact assessment and accord its approval subject to such conditions as it may deem fit to impose, or require that the environmental impact assessment be re-submitted after such modifications as may be stipulated, or reject the project as being contrary to environmental objectives. 

(3) Every review of an environmental impact assessment shall be carried out with public participation and no information will be disclosed during the course of such public participation which relates to-- (i) trade, manufacturing or business activities, processes or techniques of a proprietary nature, or financial, commercial, scientific or technical matters which the proponent has requested should remain confidential, unless for reasons to be recorded in writing, the Director-General of the Federal Agency is of the opinion that the request for confidentiality is not well-founded or the public interest in the disclosure outweighs the possible prejudice to the competitive position of the project or its proponent; or (ii) International relations, national security or maintenance of law and order, except with the consent of the Federal Government; or (iii) matters covered by legal professional privilege. (4) The Federal Agency shall communicate its approval or otherwise within a period of four months from the date the initial environmental examination or environmental impact assessment is filed complete in all respects in accordance with the prescribed procedure, failing which the initial environmental examination or, as the case may be, the environmental impact assessment shall be deemed to have been approved, to the extent to which it does not contravene the provisions of this Act and the rules and regulations made thereunder. (5) Subject to subsection (4) the Federal Government may in a particular case extend the aforementioned period of four months if the nature of the project so warrants. (6) The Provisions of subsections (1), (2), (3), (4) and (5) shall apply to such categories of projects and in such manner as may be prescribed. (7) The Federal Agency shall maintain separate registers for initial environmental examination and environmental impact assessment projects, which shall contain brief particulars of each project and a summary of decisions taken thereon, and which shall be open to inspection by the public at all reasonable hours and the disclosure of information in such registers shall be subject to the restrictions specified in subsection (3).

13. Prohibition of import of hazardous waste.--No person shall import hazardous waste into Pakistan and its territorial waters, Exclusive Economic Zone and historic waters.

14. Handling of hazardous substances.--Subject to the provisions of this Act, no person shall generate, collect, consign, transport, treat, dispose of, store, handle or import any hazardous substance except-- (a) under a licence issued by the Federal Agency and in such manner as may be prescribed; or (b) in accordance with the provisions of any other law for the time being in force, or of any international treaty, convention, protocol, code, standard, agreement or other instrument to which Pakistan is a party.

15. Regulation of motor vehicles.--(1) Subject to the provisions of this Act and the rules and regulations made thereunder, no person shall operate a motor vehicle from which air pollutants or noise are being emitted in an amount, concentration or level which is in excess of the National Environmental Quality Standards, or where applicable the standards established under clause (g) of subsection (1) of section 6. (2) For ensuring compliance with the standards mentioned in subsection (1), the Federal Agency may direct that any motor vehicle or class of vehicles shall install such pollution control devices or other equipment or use such fuels or undergo such maintenance or testing as may be prescribed. (3) Where a direction has been issued by the Federal Agency under subsection (2) in respect of any motor vehicles or class of motor vehicles, no person shall operate any such vehicle till such direction has been complied with.

16. Environmental protection order.--(1) Where the Federal Agency or a Provincial Agency is satisfied that the discharge or emission of any effluent, waste, air pollutant or noise, or the disposal of waste, or the handling of hazardous substances, or any other act or omission is likely to occur, or is occurring or has occurred in violation of the provisions of this Act, rules or regulations or of the conditions of a licence, and is likely to cause, or is causing or has caused an adverse environmental effect, the Federal Agency or, as the case may be, the Provincial Agency may, after giving the person responsible for such discharge, emission, disposal, handling, act or omission an opportunity of being heard, by order direct such person to take such measures that the Federal Agency or Provincial Agency may consider necessary within such period as may be specified in the. order: (2) In particular and without prejudice to the generality of the foregoing power, such measures may include-- (a) immediate stoppage, preventing, lessening or controlling the discharge, emission, disposal, handling, act or omission, or to minimize or remedy the adverse environmental effect; (b) installation, replacement or alteration of any equipment or thing to eliminate or control or abate on a permanent or temporary basis, such discharge, emission, disposal, handling, act or omission; (c) action to remove or otherwise dispose of the effluent, waste, air pollutant, noise, or hazardous substances; and . (d) action to restore the environment to the condition existing prior to such discharge, disposal, handling , act or omission, or as close to such condition as may be reasonable in the circumstances, to the satisfaction of the Federal Agency, or Provincial Agency. (3) Where the person, to whom directions under subsection (1) are given, does not comply therewith, the Federal Agency or Provincial Agency may, in addition to the proceeding initiated against him under this Act or the rules and regulations, itself take or cause to be taken such measures specified in the order as it may deem necessary, and may recover the costs of taking such measures from such person as arrears of land revenue.

17. Penalties.--(1) Whoever contravenes or fails to comply with the provisions of sections 11, 12, 13, or section 16 or any order issued thereunder shall be punishable with fine which may extend to one million rupees, and in the case of a continuing contravention or failure, with an additional fine which may extend to one hundred thousand rupees for everyday during which such contravention or failure continues and where such contravention or failure continues: Provided that if contravention of the provisions of section 11 also constitutes contravention of the provisions of section 15, such contravention shall be punishable under subsection (2) only. (2) Whoever contravenes or fails to comply with the provisions of section 14 or 15 or any rule or regulation or conditions of any licence, any order or direction issued by the Council or by the Federal Agency or Provincial Agency shall be punishable with fine which may extend to one hundred thousand rupees, and in case of continuing contravention, or failure with an additional fine which extend to one thousand rupees for everyday during which such contravention continues.. (3) Where an accused has been convicted of an offence under subsections (1) and (2), the Environmental Tribunal and Environmental Magistrate shall, in passing sentence, take into account the extent and duration of the contravention or failure constituting the offence, and the attendant circumstances. (4) Where an accused has been convicted of an offence under subsection (1) and the Environmental Tribunal is satisfied that as a result of the commission of the offence monetary benefits have accrued to the offender, the Environmental Tribunal may order the offender to pay, in addition to the fines under subsection (1), further additional fine commensurate with the amount of the monetary benefits. (5) Where a person convicted under subsection (1) or subsection (2), and had been previously convicted for any contravention under this Act, the Environmental Tribunal or, as the case may be, Environmental Magistrate may, in addition to the punishment awarded thereunder-- (a) endorse a copy of the order of conviction to the concerned trade or industrial association, if any, or the concerned Provincial Chamber of Commerce and industry or the Federation of Pakistan Chambers of Commerce and industry; (b) sentence him to imprisonment for a term which may extend up to two years; (c) order the closure of the factory; (d) order confiscation of the factory, machinery, and equipment, vehicle, material or substance, record or document or other object used or involved in contravention of the provisions of the Act: Provided that for a period of three years from the date of commencement of this Act, the sentence of imprisonment shall be passed only in respect of persons who have been

previously convicted for more than once for any contravention of sections 11, 13, 14 or 16 involving hazardous waste; (e) order such person to restore the environment at his own cost, to the conditions existing prior to such contravention or as close to such conditions, as may be reasonable in the circumstances to the satisfaction of the Federal Agency or, as the case may be, Provincial Agency; and (f) order that such sum be paid to any person as compensation for any loss, bodily injury, damage to his health or property suffered by such contravention. (6) The Director-General of the Federal Agency or of a Provincial Agency or an officer generally or specially authorised by him in this behalf may, on the application of the accused, compound an offence under this Act with the permission of the Environmental Tribunal or Environmental Magistrate in accordance with such procedure as may be prescribed. (7) Where the Director-General of the Federal Agency or of a Provincial Agency is of the opinion that a person had contravened any provision of this Act, he may, subject to the rules, by notice in writing to that person require him to pay to the Federal Agency or, as the case may be, Provincial Agency an administrative penalty in the amount set out in the notice for each day the contravention continues, and a person who pays an administrative penalty for a contravention shall not be charged under this Act with an offence in respect of such contravention. (8) The provisions of subsections (6) and (7) shall not apply to a person who has been previously convicted of offence or who has compounded an offence under this Act or who has paid an administrative penalty for a contravention of any provision of this Act.

18. Offences by bodies corporate.--Where any contravention of this Act has been committed by a body corporate, and it is proved that such offence has been committed with the consent or connivance or, or is attributed to any negligence on the part of any director, partner, manager, secretary or other officer of the body corporate, such director, partner, manager, secretary or other officer of the body corporate, shall be deemed guilty of such contravention alongwith the body corporate and shall be punished accordingly: Provided that in the case of a company as defined under the Companies Ordinance, 1984 (XLVII of 1984), only the Chief Executive as defined in the said Ordinance shall be liable under this section. Explanation.--For the purposes of this section, "body corporate" includes a firm, association of persons and a society registered under the Societies Registration Act, 1860 (XXI of 1860), or under the Cooperative Societies Act, 1925 (VII of 1925).

19. Offences by Government Agencies, local authorities or local councils.--Where any contravention of this Act has been committed by any Government Agency, local authority or local council, and it is proved that such contravention has been committed with the consent or connivance of, or is attributable to any negligence on the part of the Head or any other officer of the Government Agency, local authority or local council, such Head or other officer shall

also be deemed guilty of such contravention alongwith the Government Agency, local authority or local council and shall be liable to be proceeded against and punished accordingly.

20. Environmental Tribunals.--(1) The Federal Government may, by Notification in the Official Gazette, establish as many Environmental Tribunals as it considers necessary and, where it establishes more than one Environmental Tribunal, it shall specify territorial limits within which, or the class of cases in respect of which, each one of them shall exercise jurisdiction under this Act. (2) An Environmental Tribunal shall consist of a Chairperson who is, or has been, or is qualified for appointment as a Judge of the High Court to be appointed after consultation with the Chief Justice of the High Court and two members to be appointed by the Federal Government of which at least one shall be a technical member with suitable professional qualifications and experience in the environmental field as may be prescribed. (3) For every sitting of the Environmental Tribunal, the presence of the Chairperson and not less than one Member shall be necessary. (4) A decision of an Environmental Tribunal shall be expressed in terms of the opinion of the majority of its members, including the Chairperson, or if the case has been decided by the Chairperson and only one of the members and there is a difference of opinion between them, the decision of the Environmental Tribunal shall be expressed in terms of the opinion of the Chairperson. (5) An Environmental Tribunal shall not, merely by reason of a change in its composition, or the absence of any member from any sitting, be bound to recall and rehear any witness who has given evidence, and may act on the evidence already recorded by, or produced, before it. (6) An Environmental Tribunal may hold its sittings at such places within its territorial jurisdiction as the Chairperson may decide. (7) No act or proceeding of an Environmental Tribunal shall be invalid by reason only of the existence of a vacancy in, or defect in the constitution of, the Environmental Tribunal. (8) The terms and conditions of service of the Chairperson and members of the Environmental Tribunal shall be such as may be prescribed.

21. Jurisdiction and powers of Environmental Tribunals.--(1) An Environmental Tribunal shall exercise such powers and perform such functions as are, or may be, conferred upon or assigned to it by or under this Act, or the rules and regulations made thereunder. (2) All contravention punishable under subsection (1) of section 17 shall exclusively be triable by an Environmental Tribunal. (3) An Environmental Tribunal shall not take cognizance of any offence triable under subsection (2) except on a complaint in writing by-- (a) the Federal Agency or any Government Agency or local council and

 (b) any aggrieved person, who has given notice of not less than thirty days to the Federal Agency or the Provincial Agency concerned of the alleged contravention and of his intention to make a complaint to the Environmental Tribunal. (4) In exercise of its criminal jurisdiction, the Environmental Tribunal shall have the same powers as are vested in the Court of Session under the Code of Criminal Procedure, 1898 (Act V of 1898). (5) In exercise. of the appellate jurisdiction under section 22, the Environmental Tribunal shall have the same powers and shall follow the same procedure as an appellate Court in the Code of Civil Procedure, 1908 (Act V of 1908). (6) In all matters with respect to which no procedure has been provided for in this Act, the Environmental Tribunal shall follow the procedure laid down in the Code of Civil Procedure, 1908 (Act V of 1908). (7) An Environmental Tribunal may, on application filed by any officer duly authorised in this behalf by the Director-General of the Federal Agency or Provincial Agency, issue bailable warrant for the arrest of any person against whom reasonable suspicion exists of his having been involved in contravention punishable under subsection (1) of section 17. Provided that such warrant shall be applied for, issued and executed in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898): Provided further that if the person arrested executes a bond with sufficient sureties in accordance with the endorsement on the warrant, he shall be released from custody, failing which he shall be taken or sent without delay to the Officer-in-Charge of the nearest Police Station. (8) All proceedings before the Environmental Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860), and the Environmental Tribunal shall be deemed to be a Court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898). (9) No Court other than an Environmental Tribunal shall have or exercise any jurisdiction with respect to any matter to which the jurisdiction of an Environmental Tribunal extends under this Act or the rules and regulations made thereunder. (10) Where the Environmental Tribunal is satisfied that a complaint made to it under subsection (3) is false and vexatious to the knowledge of the complainant, it may, by an order, direct the complainant to pay to the person complained against such compensatory costs which may extend to one hundred thousand rupees.

22. Appeals to the Environmental Tribunal.--(1) Any person aggrieved by any order or direction of the Federal Agency or any Provincial Agency under any provision of this Act and rules or regulations made thereunder may refer an appeal with the Environmental Tribunal within thirty days of the date of communication of the impugned order or direction to such person.

 (2) An appeal to the Environmental Tribunal shall be in such form, contain such particulars and be accompanied by such fees as may be prescribed.

23. Appeals from orders of the Environmental Tribunal.--(1) Any person aggrieved by any final order or by any sentence of the Environmental Tribunal passed under this Act may, within thirty days of communication of such order or sentence, prefer an appeal to the High Court. (2) An appeal under subsection (1) shall be heard by a Bench of not less than two Judges.

24. Jurisdiction of Environmental Magistrates.--(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or any other law for the time being in force, but subject to the provisions of this Act, all contraventions punishable under subsection (2) of section 17 shall exclusively be triable by a Judicial Magistrate of the First Class as Environmental Magistrate especially empowered in this behalf by the High Court. (2) An Environmental Magistrate shall be competent to impose any punishment specified in subsections (2) and (4) of section 17. (3) An Environmental Magistrate shall not take cognizance of an offence triable under subsection (1) except on a complaint in writing by-- (a) the Federal Agency, Provincial Agency, or Government Agency or local council; and (b) any aggrieved person.

25. Appeals from orders of Environmental Magistrates.--Any person convicted of any contravention of this Act or the rules or regulations by an Environmental Magistrate may, within thirty days from the date of his conviction, appeal to the Court of Session, whose decision thereon shall be final.

26. Power to delegate.--(.1) The Federal Government may, by notification in the official Gazette, delegate any of its or of the Federal Agency's powers and functions under this Act and the rules and regulations made thereunder to any; Provincial Government any Government Agency, local council or local authority. (2) The Provincial Government may, by notification in the official Gazette, delegate any of its or of the Provincial Agency's powers or functions under this Act and the rules and regulations made thereunder to any Government Agency of such Provincial Government or any local council or local authority in the Province.

27. Power to give directions.--In the performance of their functions under this Act-- (a) the Federal Agency and Provincial Agencies shall be bound by the directions given to them in writing by the Federal Government; and

 (b) a Provincial Agency shall be bound by the directions given to it in writing by the Provincial Government.

28. Indemnity.--No suit, prosecution or other legal proceedings shall lie against the Federal or Provincial Governments, the Council, the Federal Agency or Provincial Agencies, the Directors-General of the Federal Agency and the Provincial Agency members, officers, employees, experts, advisors, committees or consultants of the Federal or Provincial Agencies or the Environmental Tribunal or Environmental Magistrates or any other person for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.

29. Dues recoverable as arrears of land revenue.--Any dues recoverable by the Federal Agency or Provincial Agency under this Act, or the rules or regulations made thereunder shall be recoverable as arrears of land revenue.

30. Act to override other laws.--The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force

31. Power to make rules.--The Federal Government may, by Notification in the Official Gazette, make rules for carrying out the purposes of this Act including rules may for implementing the provisions of the international environmental agreements, specified in, the Schedule to this Act

32. Power to amend the Schedule.--The Federal Government may, by Notification in the Official Gazette, amend the Schedule so as to add any entry thereto or modify or omit any entry therein.

33. Power to make regulations.--(1) For carrying out the purposes of this Act, the Federal Agency may, by Notification in the Official Gazette and with the approval of the Federal Government, make regulations not inconsistent with the provisions of this Act or the rules made thereunder. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for-- (a) submission of periodical reports, data or information by any Government Agency, local authority or local council in respect of environmental matters; (b) preparation of emergency contingency plans for coping with environmental hazards and pollution caused by accidents, natural disasters and calamities; (c) appointment of officers, advisors, experts, consultants and employees; (d) levy of fees, rates and charges in respect of services rendered, actions taken and schemes implemented; (e) monitoring and measurement of discharges and emissions; (f) categorization of projects to which, and the manner in which, section 12 applies;

 (g) laying down of guidelines for preparation of initial environmental examination and environmental impact assessment and development of procedures for their filing, review and approval; (h) providing procedures for handling hazardous substances; and (i) installation of devices in, use of fuels by, and maintenance and testing of motor vehicles for control of air and noise pollution.

34. Repeal, savings and succession.--(1) The Pakistan Environmental Protection Ordinance, 1983 (XXXVII of 1983) is hereby repealed. (2) Notwithstanding the repeal of the Pakistan Environmental Protection Ordinance, 1983 (XXVII of 1983), any rules or regulations or appointments made, orders passed, notifications issued, powers delegated, contracts entered into, proceedings commenced, rights acquired, liabilities incurred, penalties, rates, fees or charges levied, things done or action taken under any provisions of that Ordinance shall, so far as they are not inconsistent with the provisions of this Act, be deemed to have been made, passed, issued, delegated, entered into, commenced, acquired, incurred, levied, done or taken under this Act. (3) On the establishment of the Federal Agency and Provincial Agencies under this Act, all properties, assets and liabilities pertaining to the Federal Agency and Provincial Agencies established under that Ordinance shall vest in and be the properties, assets and liabilities, as the case may be, of the Federal Agency and Provincial Agency established under this Act.

___________________________________________________________________________

CERTIFICATION OF ENVIRONMENTAL LABORATORIES

REGULATIONS, 2000

[10th February, 2000]

NOTIFICATION

S.R.O. 258-(1)/2000. – In exercise of the powers conferred by section 33 of the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997), read with clause (k) of sub-section (1) of section 6 thereof, the Pakistan Environmental Protection Agency with the approval of the Federal Government, is pleased to make the following regulations, namely.-

1. Short title and commencement.- (1) These regulations may be called the National Environmental Quality Standards (Certification of Environmental Laboratories) Regulations,2000.

(2) They shall come into force at once.

2. Definitions.- (1) In these regulations, unless there is anything repugnant in the subject or context, (a) “Act” means the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997); (b) “certification” means certification of a laboratory as an environmental laboratory under these regulations; (c) “certificate” means certificate issued under regulation 7; (d) “Committee” means the Advisory Committee on Laboratory Certification established by the Federal Government under sub-section (6) of section 5 of the Act; (e) “Director General” means the Director General of the Pakistan Environmental Protection Agency; (f)“environmental laboratory” means a laboratory to whom certification as an environmental laboratory has been granted under these regulations; (g) “laboratory” means any premises equipped to conduct scientific and technical experiments, tests, analyses, studies, investigations; and (h) “Schedule” means schedule appended to these regulations.

(2) All other words and expressions used in these regulations but not defined herein shall have the same meanings as are assigned to them in the Act.

3. Functions of an environmental laboratory.- The functions of an environmental laboratory shall be:-

(a) to test and analyze samples of air, water, soil, effluents or wastes sent to it by any factory or any person authorized by the Federal Agency or a Provincial Agency to determine whether such samples comply with the National Environmental Quality Standards;

(b) to measure noise being emitted at any place by any industrial or other activity or motor vehicle;

(c) to issue test reports containing the results of tests and analyses carried out under clauses (a) and (b);

(d) to carry out such experiments, studies and investigations as may be required by the Federal Agency to monitor and enforce and where necessary to propose revision of the National Environmental Quality Standards;

(e) to send an annual report of its activities to the Federal Agency, including a list of all test reports issued by it; and

(f) to carry out such other functions as may be entrusted to it by the Federal Agency from time to time.4. Application for certification.– (1) Any laboratory which fulfils the criteria laid down in regulation 5 may make an application in the form set out in Schedule I to the Federal Agency for certification as an environmental laboratory.

(2) Every such application for certification shall be accompanied by a non-refundable scrutiny fee at the rate specified in Schedule II.

5. Criteria for certification.- (1) Subject to clause (2), a laboratory shall not be certified as an environmental laboratory unless it fulfils the following criteria, namely:

(a) the laboratory is located in a clean area and not adjacent to an open sewerage drain of factory from which emissions of air pollutants or discharge of effluents or wastes may

interfere with, contaminate or otherwise adversely effect the reliability of its tests and analyses;

(b) the building in which the laboratory is housed is suitable in size, design and quality of construction, for use as an environmental laboratory;

(c)the laboratory has qualified and experienced scientific and technical staff and appropriate analytical equipment and apparatus as specified in Schedule IV

(d) the laboratory has deposited with the Federal Agency the scrutiny fee and certification fee at the rates specified in Schedule II;

(e) the laboratory has installed a comprehensive scientific system of reporting test results, supported by data handling facilities; and

(f)the laboratory has proper waste disposal arrangements.

(2) A laboratory may be certified as an environmental laboratory for testing of water, liquid effluents, wastes, soil, gaseous emissions or noise or a combination of these for specific National Environmental Quality Standards parameters, in which case the requirements of analytical equipment and apparatus specified in Schedule IV, scientific and technical staff specified in Schedule III will be adjusted accordingly.

6 Scrutiny of application.– (1) Every application for certification shall be scrutinized by the Committee.

(2) The Committee shall carry out such inquiry as it may deem necessary to verify and evaluate the date mentioned in the application which shall include sending of trial sample; and obtaining sample test reports and a visit to the laboratory by the Committee itself, or its subcommittee, or a panel of experts appointed by the Committee for the purpose, for an on site assessment of its capability and capacity as to whether or not it fulfils the criteria laid down in regulation 5.

(3) Subject to clause (4), the Committee shall submit its recommendations, in writing, to the Federal Agency, who may, after such further inquiry as it may consider necessary, accept or reject the said recommendations.

(4) In case the Federal Agency decides to reject the recommendations referred to in clause 3, it shall record reasons for decision.

7. Decision on application.- (1) Subject to clause 2, an application for certification may be rejected, accepted in full, or accepted partially for certain purposes or parameters only.

(2) Before the Federal Agency decides to reject an application or accept it partially or conditionally, shall give the applicant an opportunity of being heard.

(3) Where the Federal Agency rejects an application, the applicant shall be informed of the reasons for such rejection.

(4) Subject to clause (5), rejection of an application for certification shall not debar a laboratory from submitting a fresh application for certification.

(5) A fresh application shall not be entertained until the lapse of at least three months from the date of rejection of an application.

8. Issue of certificate.- (1) Where the Federal Agency approves an application for certification in full or partially or conditionally, the applicant shall be informed accordingly and asked to deposit with the Federal Agency within fifteen days, the certification fee at the rate specified in Schedule II.(2) On receipt of the certification fee, the Federal Agency shall issue a certificate to the laboratory in the form set out in Schedule V and notify the laboratory to be an environmental laboratory in the official Gazette.

(3) If a certificate is defaced, damaged or lost, duplicate thereof may be issued on payment of such fee as is specified in Schedule II.

9. Conditions of certification.- (1) An environmental laboratory shall-

(a) Comply with all relevant provisions of the Act and rules and regulations;

(b) carry out all tests and analyses, measurements, experimental studies and investigations with due diligence and in accordance with such guidelines, procedures and methods as may be stipulated by the Federal Agency;

(c) carry out and maintain record of calibration of its equipment and apparatus;

(d) follow the quality control and quality assurance procedures established by the Federal Agency and participate in performance, system audits, quality control and quality assurance programs organized by the Federal Agency or a Provincial Agency;

(e) keep its premises neat and clean at all times;

(f) allow any member of the Committee or any officer of the Federal Agency, duly authorized in this behalf, to enter and inspect equipment and apparatus used in conducting tests and analyses and the reports and records in respect thereof;

(g)retain records of all tests and analyses and measurements conducted by it for a period of three years from the date thereof;

(h)take adequate safety measures and precautions against fire hazards and accidents including provision of first-aid facilities;

(i) ensure availability in its store of adequate stocks of chemicals, back-up equipment and apparatus, and spare parts;

(j) ensure that it fulfils the criteria laid down in regulation 5 at all times, and that if at any stage any equipment, apparatus or staff is required to be replaced, the replacement equipment, apparatus or replacement staff is of equivalent, or better, specifications, or qualifications and experience, respectively;

(k)display the certificate issued to it under regulation 8 and a list of its fees for various tests and analyses and measurements, at a prominent place in its premises; and

(l) submit to the Federal Agency an annual report including a list of all tests and analyses conducted by it relating to the environment.

(2) An environmental laboratory shall not, without the prior permission, in writing, of the Federal Agency-

(a) shift its location or remove any equipment or apparatus from its premises but the equipment or apparatus requiring repair or maintenance outside the premises may be removed for this purpose for a specific period under intimation to the Federal Agency;

(b) charge more than the rates as may be fixed from time to time by the Federal Agency for specified tests and analysis; or

(c) sub-contract any work to any other laboratory.

(3) Certification of an environmental laboratory shall not be transferable to any other laboratory.

10. Validity of certification.- (1) Subject to clause (2), a certificate issued under regulation 8 shall, unless earlier suspended or revoked, be valid for a period of three years from the date of issue.

2) If an application for renewal of certification is made under regulation 13, the certificate shall continue to remain valid till the application for renewal is decided.

11. Bar to function without certification.- No laboratory shall function as an environmental laboratory unless it is granted certification under these regulations.

12. Test reports.- An environmental laboratory shall issue test reports in the form set out in Schedule VI containing the results of tests and analysis carried out in discharge of its functions as provided under clauses (a) and (b) of regulation 3.

13. Renewal of certification.- (1) An application for renewal of certification shall be made in the form set out in Schedule IV, to the Federal Agency at least forty- five days prior to the date of expiry of the certificate issued under regulation 8.

(2) An application for renewal shall be accompanied by a copy of the annual report of the activities of the environmental laboratory.

(3) An application for renewal shall be dealt with, scrutinized and decided exactly in the same manner as an application for certification and the provisions of these regulations relating to an application for certification shall, mutatis mutandis, apply to an application for renewal of certification.

(4) The fee for renewal of certification shall be payable at the rate specified in Schedule II, and the certificate issued on receipt thereof shall also be in the form set out in Schedule V.

14. Revocation or suspension of certification.- (1) Without prejudice to any other action that may be taken against an environmental laboratory under the Act, Rules or regulations or any other law for the time being in force, the Federal Agency may, by an order in writing stating the reasons therefore, revoke a certification, or suspend it for such period as the Federal Agency deems fit, if the environmental laboratory-

(a) fails to comply with any of the conditions of certification listed in regulation 9;

(b) violates aids or abets in the violation of, any of the provisions of the Act, rules or regulations;

(c) issues any report which is false, or which is designed to misrepresent or conceal or suppress any material fact;

(d) has obtained certification through fraud or misrepresentation;

(e) fails or ceases to perform or is rendered incapable of performing any of the functions of an environmental laboratory listed in regulation 3; or

(f) no longer fulfils the criteria for certification as an environmental laboratory as laid down in regulation 5.

(2) The Federal Agency shall, before revoking or suspending a certification, provide the environmental laboratory an opportunity of being heard.

(3) Where any order of revocation or suspension has been passed, the laboratory shall forthwith surrender its certificate to the Federal Agency who shall make an entry of the revocation or suspension thereon.

(4) Certificate shall be returned to the laboratory on expiry of the suspension period or on restoration of the certification in appeal, after the Federal Agency has made necessary entry thereon.

(5) Where certification of an environmental laboratory has been revoked, it shall not be eligible to apply again for certification until lapse of at least one year from the date of such revocation.

15. Appeal.- (1) Any person aggrieved by an order of the Federal Agency on an application for certification or an application for renewal of certification or by an order revoking or suspending, or refusing to revoke or suspend, a certification may, within thirty days of the date of communication of the impugned order, file an appeal with the Environmental Tribunal, as provided under sub-section (1) of section 22 of the Act.

(2) The appeal shall be in such form and be accompanied by such fees as may be prescribed in the rules made in this behalf.

SCHEDULE I

(See regulations 4 and 13)

APPLICATION FOR GRANT/RENEWAL OF CERTIFICATION AS AN

ENVIRONMENTAL LABORATORY

Part A. GENERAL INFORMATION:

1. Name of laboratory.

Address.

Tel.

Fax.

Email.

2. Type of laboratory (please tick appropriate box):

[ ] Government [ ] Public sector [ ] Semi- autonomous body

[ ] Autonomous body [ ] Private sector [ ] other (please specify)

3. Mandate or purpose of laboratory (please tick appropriate box and specify

nature and field of operation):

[ ] Research and development.

[ ] Quality assurance.

[ ] Quality control.

[ ] Other (please specify).

4. Year of establishment:

5. Area of laboratory:_(sq.ft) (please attach copy of approved building

plan and equipment layout plan).

6. Has the laboratory been certified by any other authority? [ ] Yes [ ] No

If yes, please specify.___________________________

Part B. STAFF:

7. List of total scientific and technical staff:

(please attach list in the following form along with a copy of bio-data of Chief Executive).

S. No. Name. Designation. Qualifications Experience in analytical

(with specification). laboratory work

(No. of years).

(1) (2) (3) (4) (5)

Part C. EQUIPMENT:

8.List of significant analytical equipment and apparatus:

(Please attach list in the following form of functional equipment only).

S. No Name of equipment/ Year of manufacture.

apparatus (with make).

(1) (2) (3)

9. Which of the National Environmental Quality Standards parameters can be

measured (other than those mentioned at entry No. 8 above) using wet analysis

methods?

10. Back-up equipment and apparatus in the laboratory instrumental and any services

agreement for repair and maintenance of workshop for equipment/apparatus.

[ ] Yes [ ] No. If yes, please specify:__________________________Part D. CHEMICALS:

11. (a) Whether analytical grade chemicals are available in store for 6 months [ ] 12

months [ ] 2 years [ ].

(b) What is source for supply of chemicals. [ ]

Local purchase [ ] Direct import.

Part E. REPORTING SYSTEM:

12. Does the laboratory has computerized data handling facilities?

[ ] Yes [ ] No.

13. Are there other facilities available in the laboratory?

[ ] Yes [ ] No. If yes, please specify:_______

.

14. Whether adequate facilities for collection and storage of samples are available:

[ ] Yes [ ] No.

15. Whether waste handling procedures and facilities for waste disposals are

available:

[ ] Yes [ ] No.

Part F. EXPERIENCE:

16. When did the following activities started?

(a) analytical work :___________

(b) environment related work :____

17.List some significant environment-related analytical work and research studies

carried out, indicating the sponsors and beneficiaries (in case of application for renewal,

attach copy of annual report of activities)________________________

18. Does the laboratory provide training in environment related laboratory

techniques?

[ ] Yes [ ] No. If yes, please specify___________________________

19. Total current annual budget: Rs.

20.List revenue generated from environment-related analytical work during the last

five years.

SCHEDULE II

[See regulations 4 (2) , 5 (1)(d), 8(3) and 13(4)]

RATES OF FEES IN RESPECT OF AN APPLICATION FOR GRANT OR

RENEWAL OF CERTIFICATION

S.No. Name of fee. Rate (Rs).

(1) (2) (3)

1. Scrutiny fee. 5,000/=

2. Certification fee. 3,000/=

S.No. Name of fee. Rate (Rs).

(1) (2) (3)

3. Issue of duplicate certificate. 2,000/=

4. Renewal of certification 3,000/=SCHEDULE III

[See regulations 5(1) (c) and 5(2)]

SCIENTIFIC AND TECHNICAL STAFF OF AN ENVIRONMENTAL LABORATORY

S. No Title or equivalent. Qualification. Experience (minimum)

Number

required

(minimum)

(1) (2) (3) (4) (5)

1.Chief Analyst. Ph. D., M.Phil or M. Sc. For Ph.D. 3 years for M.Phil. 5 years and for M.Sc. One.

(Analytical Chemistry

preferably Physical/

Organic/ Inorganic

7 years in analytical laboratory work testing of

air/ water pollutants, noise, effluents or wastes

preferably with regard to the National

Chemistry). Environmental Quality Standards parameters.

2.Analyst. M.Sc. or M.Phil. (Analytical

Chemistry preferably

Physical/ Organic/Inorganic

For M.Phil. 1 year and for M.Sc. 3 years in analytical laboratory work preferably in analysis of effluents or wastes.Two.

Chemistry).

2. Deputy Analyst B.Sc (with chemistry as one 5 years and 3 years for Deputy Analyst and Assistant Three.

and/ or Assistant

Analyst.

of the major subject). Analyst, respectively, in analytical laboratory

work preferably with regard to the National

Environmental Quality Standards parameters testing.

4. Laboratory support

staff.

F. Sc (with chemistry as one

of the major subject).

1 year in analytical laboratory work. Three.

Note. The number of analysts, Deputy/ Assistant Analysts and laboratory support staff may be

reduced if the laboratory is to be certified for testing only some pollutants or National

Environmental Quality Standards parameters [see regulation 5(2)].

SCHEDULE IV

[See regulations 5(1) (c) and 5(2)]

ANALYTICAL EQUIPMENT AND APPARATUS OF

AN ENVIRONMENTAL LABORATORY

S.No Description. Requirements.

(1) (2) ( 3 )

1. Analytical Instruments. A. For Liquid Effluents/Wastes:

At least one of -

• Spectrophotometer;

• Atomic Absorption Spectrophotometer;

• High Performance Liquid Chromatograph; or

• Gas Chromatograph;and the following laboratory apparatus and wet analysis

facilities-

• Conductivity Meter;

• pH meter;

• Analytical Balances;

• Biology Oxygen Demand determination facilities;

• Liquid Effluent Samplers;

• Thermometer/temperature measuring devices;

• Incubator (minimum range 15-400

C );• Furnaces;

• Ovens;

• Refrigerators; and

• A-grade volumetric glass apparatus.

B. For Gaseous Emissions:

• At least one of Air/Dust Sampler;

• Analyzer (continuous monitoring and portable) for

measuring oxides of sulfur, oxides of nitrogen, carbon monoxide, hydrogen

fluoride and hydrogen sulfides;

• Smoke Analyzer or Ringlemann Scale; or

• Emission Analyzer.

C. For Noise:

• Sound Level Meter with equivalent noise

level measuring facilities; and

• Noise Frequency Analyzer.

2. Back-up equipment

and apparatus.

Adequate stocks in store.

3. Calibration. Arrangements for regular calibration and checks

for proper maintenance of record pertaining

thereto. 4. Chemicals. Adequate stocks and store and assured regular

source of supply.

5. Test Reporting System. Comprehensive and scientific system of reporting

test results supported by data handling facilities.

SCHEDULE V

[See regulations 8(2) and 13(4)]

PAKISTAN ENVIRONMENTAL PROTECTION AGENCY

CERTIFICATE REGARDING

CERTIFICATION AS AN ENVIRONMENTAL LABORATORY

In exercise of power conferred by clause (k) of sub section (1) of section 6 of the

Pakistan Environmental Protection Act, 1997 (XXXIV of 1997), the Federal Agency is

pleased to certify the laboratory mentioned below as an Environmental Laboratory.

Name.___________________________________

Address._________________________________

Certificate No.________________________________

1.This certification is valid for (delete items not applicable):

(a) Liquid effluents/wastes.

(b) Gaseous emissions.

(c) Noise.

(d) Only the following National Environmental Quality Standards parameters:2. This certification is subject to the conditions laid down in regulation 9 of the

National

Environmental Quality Standards (Certification of Environmental Laboratories)

Regulations, 1999.

3._________________________________________This certificate is valid until unless

earlier suspended or revoked.

Dated.________________

Director General

Federal Agency,

Islamabad.

SCHEDULE VI

(See regulation 12)

(NAME OF THE ENVIRONMENTAL LABORATORY THAT CARRIED OUT THE

ANALYSIS)

CHEMICAL ANALYSIS TEST REPORT

Report reference No: _______________________Date. _______________

Name of industry: _______________________________________________

Address:____________________________________________________

Telephone No.________________________________________________

Nature of sample:_________________________________________________

Date of sample received: _____________________(Grab/Composite). ______

Date of sample collection:___________________________________________

Sample collected/sent by:__________________________________________

Date of completion of analysis:______________________________________

S.No. Parameters

.

NEQS Limits. Concentration. Method

used. Remarks.

A. Field Analys is

B. Lab. Analysis

National Environmental Quality Standards.

1. Sample analyzed by: _____________________________________

Name of Chief Analyst with seal: ______________________________2. Signature of incharge of the environmental laboratory: __________

Name:

Designation:

Date:

___________________________________________________________________________

REGISTERED No. M-302 L-7646

THE GAZETTE OF PAKISTAN

EXTRAORDINARY PUBLISHED BY AUTHORITY

======================================================

ISLAMABAD, THURSDAY, JUNE 15, 2000

======================================================

PART II

Statutory Notifications (S. R. O.)

GOVERNMENT OF PAKISTAN

MINISTRY OF ENVIRONMENT LOCAL GOVERNMENT AND RURAL DEVELOPMENT

NOTIFICATION

Islamabad, the 13th June, 2000

S.R.O.339(I)/2000. - In exercise of the powers referred by section 33 of the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997), the Pakistan Environmental Protection Agency, with the approval of the Federal Government, is pleased to make the following regulations, namely: -

1. Short title and commencement.-

(1) These regulations may be called the Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000.

(2) They shall come into force at once.

2. Definitions.-

(1) In these regulations, unless there is anything repugnant in the subject or context,–

(a) “Act” means the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997);

(b) “Director-General” means the Director-General of the Federal Agency;

(c) “EIA” means an environmental impact assessment as defined in clause (xi) section 2 of the Act, 1997;

(d) “IEE” means an initial environmental examination as defined in clause (xxiv) section 2 of the Act, 1997;

(e) “Schedule” means a schedule to these regulations; and

(f) “section” means a section of the Act, 1997.

(2) All other words and expressions used in these regulations but not defined herein shall have the same meanings as are assigned to them in the Act.

3. Projects requiring an IEE

A proponent of a project falling in any category specified in Schedule I shall file an IEE with the Federal Agency, and the provisions of section 12 shall apply to such project.

4. Projects requiring an EIA

A proponent of a project falling in any category specified in Schedule II shall file an EIA with the Federal Agency, and the provisions of section 12 of the Act shall apply to such project.

5. Other projects requiring an IEE or EIA

(1) In addition to any category specified in Schedules I and II, a proponent of any of the following projects shall file,-

(a) an EIA, if the project is likely to cause an adverse environmental effect;

(b) for projects not listed in Schedules I and II but in respect of which the Federal Agency has issued guidelines for construction and operation, an application for approval accompanied by an undertaking and an affidavit that the aforesaid guidelines shall be fully complied with.

(2) Subject to regulation 3, the Federal Agency may direct the proponent of a project, whether or not listed in Schedule I or II, to file an IEE or EIA, for reasons to be recorded in such direction:

(3) No direction under sub-regulation (2) shall be issued without the recommendation, in writing, of the Environmental Assessment Advisory Committee constituted under Regulation 23.

(4) The provisions of section 12 shall apply to a project in respect of which an IEE or EIA is filed under sub-regulation (1) or (2).

6. Preparation of IEE and EIA.-

(1) The Federal Agency may issue guidelines for preparation of an IEE or an EIA, including guidelines of general applicability and sectoral guidelines indicating specific assessment requirements for planning, construction and operation of projects relating to a particular sector.

(2) Where guidelines have been issued under sub-regulation (1), an IEE or EIA shall be prepared, to the extent practicable, in accordance therewith and the proponent shall justify in the IEE or, as the case may be, EIA any departure therefrom.

7. Review of fees.-

The proponent shall pay, at the time of submission of an IEE or EIA, a non-refundable Review Fee to the Federal Agency, in accordance with rates specified in Schedule III.

8. Filing of IEE and EIA.-

(1) Ten paper copies and two electronic copies of an IEE or EIA shall be filed with the Federal Agency.

(2) Every IEE and EIA shall be accompanied by –

(a) an application, in the form set out in Schedule IV; and

(b) copy of receipt showing payment of the Review Fee.

9. Preliminary scrutiny.-

(1) Within ten working days of filing of the IEE or EIA, the Federal Agency shall, -

(a) confirm that the IEE or EIA is complete for purposes of initiation of the review process;

(b) require the proponent to submit such additional information as may be specified; or

(c) return the IEE or EIA to the proponent for revision, clearly listing the points requiring further study and discussion.

(2) Notwithstanding anything contained in sub-regulation (1) the Federal Agency may require the proponent to submit additional information at any stage during the review process.

10. Public participation. -

(1) In the case of an EIA, the Federal Agency shall, simultaneously with issue of confirmation of completeness under clause (a) of sub-regulation (1) of Regulation 9, cause to be published, in any English or Urdu national newspaper, a public notice mentioning therein the type of project, its exact location, the name and address of the proponent and the places at which the EIA of the project can, subject to the restrictions in sub-section (3) of section 12, be accessed.

(2) The notice issued under sub-regulation (1) shall fix a date, time and place for public hearing of any comments on the project or its EIA.

(3) The date fixed under sub-regulation (2) shall not be earlier than thirty days from the date of publication of the notice.

(4) The Federal Agency shall also ensure the circulation of the EIA to the concerned Government Agencies and solicit their comments thereon.

(5) All comments received by the Federal Agency from the public or any concerned Government Agency shall be collated, tabulated and duly considered by it before its decision on the EIA.

(6) The Federal Agency may issue guidelines indicating the basic techniques and measures to be adopted to ensure effective public consultation, involvement and participation in EIA assessment.

11. Review.-

(1) The Federal Agency shall make every effort to carry out its review of the IEE within forty five days, and of the EIA within ninety days, of issue of confirmation of completeness under clause (a) of sub-regulation (1) of regulation 9.

(2) In reviewing the IEE or EIA, the Federal Agency shall consult such Committee of Experts as may be constituted for the purpose by the Director-General, and may also solicit views of the concerned Advisory Committee, if any, constituted by the Federal Government under subsection (6) of section 5.

(3) The Director-General may, where he considers it necessary, constitute a committee to inspect the site of the project and submit its report on such matters as may be specified by him.

(4) The review of the IEE or EIA by the Federal Agency shall be based on quantitative and qualitative assessment of the documents and data furnished by the proponent, comments from the public and concerned Government Agencies received under regulation 10, and views of the committees mentioned in sub-regulations (2) and (3).

12. Decision. -

On completion of the review, the decision of the Federal Agency shall be communicated to the proponent in the form set out in Schedule V in the case of an IEE, and in the form set out in Schedule VI in the case of an EIA.

13. Conditions of approval. -

(1) Every approval of an IEE or EIA shall, in addition to such conditions as may be imposed by the Federal Agency, be subject to the condition that the project shall be designed and constructed, and mitigatory and other measures adopted, strictly in accordance with the IEE or, as the case may be, EIA, unless any variation thereto have been specified in the approval by the Federal Agency.

(2) Where the Federal Agency accords its approval subject to certain conditions, the proponent shall –

(a) before commencing construction of the project, acknowledge acceptance of the stipulated conditions by executing an undertaking in the form set out in Schedule VII; and

(b) before commencing operation of the project, obtain from the Federal Agency a written confirmation of compliance that the conditions of the approval, and the requirements given in the IEE or EIA relating to design and construction, adoption of mitigatory and other measures and other relevant matters, have been duly complied with.

14. Confirmation of compliance. -

(1) The request for obtaining a written confirmation of compliance under clause (b) of sub- regulation (2) of Regulation 13 shall be accompanied by an Environmental Management Plan indicating the measures and procedures proposed to be taken to manage or mitigate the environmental impacts for the life of the project, including provisions for monitoring, reporting and auditing.

(2) Where a request for confirmation of compliance is received from a proponent, the Federal Agency may carry out such inspection of the site and plant and machinery and seek such additional information from the proponent as it may deem fit.

(3) The Federal Agency shall issue the written confirmation of compliance or otherwise within fifteen days of receipt of the request and such additional information, from the proponent as may be required under sub-regulation (2).

(4) The Federal Agency may, while issuing the written confirmation of compliance, impose such other conditions as to the Environmental Management Plan, and the operation, maintenance and monitoring of the project as it may deem fit, and such conditions shall be deemed to be included in the conditions to which approval of the project is subject.

15. Extension in review period

Where the Federal Government in any particular case extends the period of four months for communication of its approval under sub-section (5) of section 12, it shall, in consultation with the Federal Agency, indicate the various steps of the review process to be taken during the extended period, and the estimated time required for each step.

16. Validity period of approval, -

(1) The approval accorded by the Federal Agency under section 12 read with regulation 12 shall be valid for commencement of construction for a period of three years from the date of issue.

(2) If construction is commenced during the initial three years validity period, the validity of the approval shall stand extended for a further period of three years from the expiry of period specified in sub-regulation (1).

(3) After issue of confirmation of compliance, the approval shall be valid for a period of three years from the date thereof.

(4) Subject to sub-regulation (5), the proponent may apply to the Federal Agency for extension in the validity periods mentioned in sub-regulations (1), (2) and (3), which may be

granted by the Federal Agency in its discretion for such period not exceeding three years at a time, if the conditions of the approval do not require significant change.

(5) For the purposes of sub-regulation (4), the Federal Agency may require the proponent to submit a fresh IEE or, as the case may be, EIA, if in its opinion changes in location, design, construction and operation of the project so warrant.

17. Entry and inspection, -

(1) For purposes of verification of any matter relating to the review or to the conditions of approval of an IEE or EIA prior to, during or after the commencement of construction or operation of a project, duly authorized staff of the Federal Agency may enter and inspect the project site, factory building and plant and equipment installed therein.

(2) The proponent shall take steps to ensure full cooperation of the project staff at site to facilitate the inspection, and shall provide such information as may be required by the Federal Agency for the purpose of such inspection and pursuant thereto.

18. Monitoring, -

(1) After issue of an approval, the proponent shall submit a report to the Federal Agency after completion of construction of the project.

(2) After issue of confirmation of compliance, the proponent shall submit an annual report summarizing operational performance of the project, with reference to the conditions of the approval and maintenance and mitigatory measures adopted for the project.

19. Cancellation of approval, -

(1) In case, at any time, on the basis of information or report received or inspection carried out, the Federal Agency is of the opinion that the conditions of an approval have not been complied with, or that the information supplied by a proponent in the approved IEE or EIA is incorrect, it shall issue notice to the proponent to show cause, within two weeks of receipt thereof as to why the approval should not be cancelled.

(2) If no reply is received, or the reply is considered unsatisfactory, the Federal Agency may, after giving the proponent an opportunity of being heard, -

(a) require the proponent to take such measures and to comply with such conditions within such period as it may specify, failing which the approval shall stand cancelled; or

(b) cancel the approval.

(3) On cancellation of the approval, the proponent shall cease construction or operation of the project forthwith.

(4) Action taken under this regulation shall be without prejudice to any other action that may be taken against the proponent under the Act, rules, regulations or any other law for the time being in force.

20. Registers of IEE and EIA projects, -

Separate Registers shall be maintained by the Federal Agency for IEE and EIA projects under sub-section (7) of section 12 in the form set out in Schedule VIII.

21. Environmentally sensitive areas, -

(1) The Federal Agency may, by notification in the official Gazette, designate an area to be an environmentally sensitive area.

(2) Notwithstanding anything contained in regulations 3 and 4, the proponent of a project situated in an environmentally sensitive area shall be required to file an EIA with the Federal Agency.

(3) The Federal Agency may, from time to time, issue guidelines to assist proponents and other persons involved in the environmental assessment process to plan and prepare projects located in environmentally sensitive areas.

(4) Where guidelines have been issued under sub-regulation (3), the projects shall be planned and prepared, to the extent practicable, in accordance therewith and any departure therefrom justified in the EIA pertaining to the project.

22. Environmental Assessment Advisory Committee, -

For the purposes of rendering advice on all aspects of environmental assessment, including guidelines, procedures and categorization of projects, the Director-General shall constitute an Environmental Assessment Advisory Committee consisting of the following persons namely:-

(a) Director EIA, Federal Agency … Chairman

(b) One representative each of the Provincial Agencies … Members

(c) One representative each of the Federal Planning Commission and the Provincial Planning and Development Departments … Members

(d) Four Representatives one each of industry, non-Governmental organizations, legal and other experts … Members

23. Other approvals

Issue of an approval under section 12 read with regulation 12 shall not absolve the proponent of the duty to obtain any other approval or consent that may be required under any law for the time being in force.

SCHEDULE I (See Regulation 3)

List of projects requiring an IEE

A. Agriculture, Livestock and Fisheries, etc.

1. Poultry, livestock, stud and fish farms with total cost of more than ten million rupees.

2. Projects involving repacking, formulation or warehousing of agricultural produce.

B. Energy

1. Hydroelectric power generation less than 50 MW.

2. Thermal power generation less than 200 MW.

3. Transmission lines less than 11 KV, and large distribution projects.

4. Oil and gas transmission systems.

5. Oil and gas extraction projects including exploration, production, gathering systems, separation and storage

6. Waste-to-energy generation projects.

C. Manufacturing and processing

1. Ceramics and glass units with total cost of more than fifty million rupees.

2. Food processing industries including sugar mills, beverages, milk and dairy products, with total cost less than one hundred million rupees.

3. Man-made fibers and resin projects with total cost of less than one hundred million rupees.

4. Manufacturing of apparel, including dyeing and printing, with total cost of more than twenty five million rupees.

5. Wood products with total cost of more than twenty five million rupees.

D. Mining and mineral processing

1. Commercial extraction of sand, gravel, limestone, clay, sulphur and other minerals not included in Schedule II with total cost of less than one hundred million rupees.

2. Crushing, grinding and separation processes.

3. Smelting plants with total cost of less than fifty million rupees.

E. Transport

1. Federal or Provincial highways (except maintenance, rebuilding or reconstruction of existing metalled roads) with total cost of less than fifty million rupees.

2. Ports and harbor development for ships less than five hundred gross tons.

F. Water management, dams, irrigation and flood protection

1. Dams and reservoirs with storage volume less than fifty million cubic meters or surface area less than eight square kilometers.

2. Irrigation and drainage projects serving less than fifteen thousand hectares.

3. Small-scale irrigation systems with total cost less than fifty million rupees.

G. Water supply and treatment

Water supply schemes and treatment plants with total cost less than twenty-five million rupees.

H. Waste disposal

Waste disposal facility for domestic or industrial wastes, with annual capacity less than ten thousand cubic meters

I. Urban development and tourism

1. Housing schemes.

2. Public facilities with significant off-site impacts e.g. hospital wastes.

3. Urban development projects

J. Other Projects

Any other project for which filing of an IEE is required by the Federal Agency under sub-regulation (2) of regulation 5.

SCHEDULE II (See Regulation 4)

List of projects requiring an EIA

A. Energy

1. Hydroelectric power generation over fifty megawatts.

2. Thermal power generation over two hundred megawatts.

3. Transmission lines (eleven kilovots and above) and grid stations.

4. Nuclear power plants.

5. Petroleum refineries.

B. Manufacturing and processing

1. Cement plants.

2. Chemicals projects.

3. Fertilizer plants.

4. Food processing industries including sugar mills, beverages, milk and dairy products, with total cost of one hundred million rupees and above.

5. Industrial estates (including export processing zones).

6. Man-made fibers and resin projects with total cost of one hundred million rupees and above.

7. Pesticides (manufacture or formulations).

8. Petrochemicals complex.

9. Synthetic resins, plastics and man-made fibers, paper and paperboard, paper pulping, plastic products, textiles (except apparel), printing and publishing, paints and dyes, oils and fats and vegetable ghee projects, with total cost more than ten million rupees.

10. Tanning and leather finishing projects

C. Mining and mineral processing

1. Mining and processing of coal, gold, copper, sulphur and precious stones.

2. Mining and processing of major non-ferrous metals, iron and steel rolling.

3. Smelting plants with total cost of fifty million rupees and above

D. Transport

1. Airports

2. Federal or Provincial highways or major roads (except maintenance, rebuilding or reconstruction of existing roads) with total cost of fifty million rupees and above.

3. Ports and harbor development for ships of five hundred gross tons and above.

4. Railway works.

E. Water management, dams, irrigation and flood protection

1. Dams and reservoirs with storage volume of fifty million cubic meters and above or surface area of eight square kilometers and above.

2. Irrigation and drainage projects serving fifteen thousand hectares and above.

F. Water supply and treatment

Water supply schemes and treatment plants with total cost of twenty-five million rupees and above.

G. Waste Disposal

1. Waste disposal and storage of hazardous or toxic wastes including landfill sites and incineration of hospital toxic waste.

2. Waste disposal facilities for domestic or industrial wastes, with annual capacity more than ten thousand cubic meters.

H. Urban development and tourism

1. Land use studies and urban plans in large cities.

2. Large-scale tourism development projects with total cost more than fifty million rupees.

I. Environmentally Sensitive Areas

All projects situated in environmentally sensitive areas

J. Other projects

1. Any other project for which filing of an EIA is required by the Federal Agency under sub-regulation (2) of regulation 5.

2. Any other project likely to cause an adverse environmental effect.

Self-Monitoring and Reporting by Industry Rules, 2001 (SMART)

S.R.O. 528 (1)/2001. - In exercise of the powers conferred by section 31 of the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997), the Federal Government is pleased to make the following rules, namely:

1. Short title and commencement. -

(1) These rules may be called the National Environmental Quality Standards (Self-Monitoring and Reporting by Industry) Rules, 2001.

(2) They shall come into force at once.

2. Definitions. -

(1) In these rules, unless there is anything repugnant in the subject or context,

a. “Act” means the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997);

b. “Associated Company” and “Associated Undertaking”, shall have the same meaning as defined in the Companies Ordinance, 1984 (XLVII of 1984);

c. “Certified Environmental Laboratory” means an environmental laboratory which has been granted certification under the Pakistan Environmental Protection Agency (Certification of Environmental Laboratories) Regulations, 2000;

d. “Director General” means the Director-General of the Federal Agency;

e. “Environmental Monitoring Report” means the report submitted by an industrial unit to the Federal Agency in respect of priority parameters;

f. “Industrial Unit” means any legal entity carrying on industrial activity;

g. “Pollution Level” means number of units per unit of production determined under the Pollution Charge for Industry (Calculation and Collection) Rules, 2001;

h. “Priority Parameters” means those parameters of the National Environmental Quality Standards which have been selected for purposes of submission of Environmental Monitoring Reports to the Federal Agency by an industrial unit; and

i. “Schedule” means the Schedule to these rules.

(2) All other words and expressions used in these rules but not defined herein shall have the same meanings as are assigned to them in the Act.

3. Responsibility for reporting. -

All industrial units shall be responsible for correct and timely submission of Environmental Monitoring Reports to the Federal Agency.

4. Classification of industrial units. -

On the basis of the pollution level of an industrial unit, the Director-General shall classify the unit into category “A”, “B” or “C” for liquid effluents, and category “A” or “B” for gaseous emissions:

Provided that till such time as the pollution level of an industrial unit is determined, it shall be classified according to the type of industry to which it belongs, as shown in Schedule I for liquid effluents and in Schedule II for gaseous emissions.

5. Category “A” Industrial Units. -

(1) An industrial unit in category “A” shall submit Environmental Monitoring Reports on monthly basis

a. in respect of liquid effluents, for priority parameters listed in column 3 of Table A of Schedule III:

Provided that during start-up or upset conditions, priority parameters mentioned in column 4 of Table A of Schedule III shall be recorded on hourly basis;

b. in respect of gaseous emissions, for priority parameters listed in Table B of Schedule III.

(2) An industrial unit in category “A” shall maintain a record of the times during which start-up and upset conditions occur, and shall mention the total time elapsed in such conditions in its monthly Environmental Monitoring Report.

6. Category “B” industrial units.-

An industrial unit in category “B” shall submit Environmental Monitoring Reports on quarterly basis-

a. in respect of liquid effluents, for priority parameters listed in Table A of Schedule IV;

b. in respect of gaseous emissions, for priority parameters listed in Table B of Schedule IV.

7. Category “C” industrial units. -

An industrial unit in category “C” shall submit Environmental Monitoring Reports on biannual basis for priority parameters in respect of liquid effluents listed in Schedule V.

8. Special Industries. -

(1) Without prejudice to the provisions of rule 4, the Director-General may classify a large industrial unit with very high pollution levels as “Special Industry”.

(2) In addition to complying with the requirements of rule 5, a Special Industry shall submit Environmental Monitoring Reports for such parameters and at such frequency as theDirector-General may require.

9. Environmental Monitoring Report. -

(1) An Environmental Monitoring Report shall comprise a Liquid Effluents Monitoring Report, a Gaseous Emissions Monitoring Report and a Cover Sheet which shall be in the form asset out in Forms A, B and C, respectfully, of Schedule VI.

(2) All measurements of priority parameters contained in the Environmental Monitoring Report submitted by an industrial unit shall be based on test reports of a certified environmental laboratory, and attested copies of such results shall be attached with the Environmental Monitoring Report:

Provided that such certified environmental laboratories shall not be part of or an associated company or associated undertaking of, the said industrial unit.

(3) The Gaseous Emissions Report shall cover the priority parameters listed in Schedule VII, and shall include, every two years, metal analysis of all gaseous emissions from the industrial unit.

10. Sampling, testing and analysis. -

Sampling testing and analysis of effluents, gaseous emissions and waste shall be carried out in accordance with the Environmental Samples Rules, 2001.

11. Monitoring conditions of EIA approval. -

The provisions of these rules shall be in addition to, and not in derogation of, the monitoring conditions laid down in an EIA approval.

12. Compilation, analysis and management of data. -

The Federal Agency shall compile, analyze and manage the data contained in the Environmental Monitoring Reports with the objective, inter alia, of enforcing the National Environmental Quality Standards and developing an environmental database.

Schedule I (See rule 4)

Classification of Industrial Units for Liquid Effluents

1. Category “A”

1. Chlor-Alkali (Mercury Cell).

2. Chlor-Alkali (Diaphram Cell).

3. Metal finishing and electroplating.

4. Nitrogenous fertilizer.

5. Phosphate fertilizer.

6. Pulp and paper.

7. Pesticides formulation.

8. Petroleum refining.

9. Steel industry.

10. Synthetic fiber.

11. Tanning and leather finishing.

12. Textile processing.

13. Pigments and dyes.

14. Thermal Power Plants (Oil Fired and Coal Fired).

15. Rubber products.

16. Paints, Varnishes and Lacquers.

17. Pesticides.

18. Printing.

19. Industrial chemicals.

20. Oil and Gas production.

21. Petrochemicals.

22. Combined effluent treatment.

23. Any other industry to be specified by Federal or Provincial Agency.

2. Category “B”

1. Dairy industry.

2. Fruit and vegetable processing.

3. Glass manufacturing.

4. Sugar.

5. Detergent.

6. Photographic.

7. Glue manufacture.

8. Oil and Gas exploration.

9. Thermal Power Plants (Gas Fired)

10. Vegetable oil and ghee mills.

11. Woolen mills.

12. Plastic materials and products.

13. Wood and cork products.

14. Any other industry to be specified by federal or Provincial Agency.3. Category “C”

1. Pharmaceutical (Formulation) Industry.

2. Marble Crushing.

3. Cement.

4. Any other industry to be specified by Federal or Provincial Agency

-----------------------------------------------------------------------------------------------------------Schedule II

(See rule 4)

Classification of Industrial Units for Gaseous Emissions

1. Category “A”

1. Cement.

2. Glass manufacturing

3. Iron and steel.

4. Nitrogenous fertilizer.

5. Phosphate fertilizer.

6. Oil and Gas production.

7. Petroleum refining.

8. Pulp and paper.

9. Thermal Power Plants (coal and oil based)

10. Boilers, ovens, furnaces and kilns (coal and oil fired)

11. Brick-Kilns (firewood and bagasse based)

12. Any other industry to be specified by Federal or Provincial Agency.

2. Category “B”

1. Sugar.

2. Textile.

3. Choloralkali plants.

4. Dairy industry.

5. Fruits and vegetables.

6. Metal finishing and electroplating.

7. Boilers, ovens, furnaces and kilns (gas-fired)

8. Any other industry to be specified by Federal or Provincial Agency.

The Punjab Firewood & Charcoal (Restriction) Act(XI OF 1964)

 [24th March, 1964]   

 

An Act to prohibit and regulate the burning of firewood and charcoal In the Punjab Preamble: Whereas It is expedient in the public interest to prohibit and regulate the burning of firewood and charcoal in factories, brick-kilns, lime-kilns and other specified places in the province of the Punjab in the manner hereinafter appearing; It is hereby enacted as follows:--

1. Short title, extent and commencement: (1) This Act may be called the Punjab Firewood and Charcoal (Restriction) Act, 1964. (2) It extends to the whole of the Province of the Punjab. (3) This section and Section 2 shall come into force at once and the remaining provisions shall come into force in such area or areas on such date, or dates as may be specified by Government by notification, in this behalf.

2. Definitions: In this Act, unless the context otherwise requires the following expressions shall have the meanings hereby` respectively assigned to them, that is to say- (a) “factory" means any premises Including the precincts thereof where any process is being carried on with the aid of power;, (b) “firewood" Includes any kind of wood used for burning of fire, but does not Include shrubs, loppings of trees not exceeding six inches in girth, or the stamps of trees; (c) -Forest Officer"- (i) In relation to Hazra District, has the meaning assigned to It in the North-West Frontier Province Hazard Forest Act, 1936 (N.W.F.P. Act, VI of 1936) (ii) in relation to any other place, has the meaning assigned to it in the Forest Act, 1927 (XVI of 1927); (d) “Government" means the Provincial Government of the Punjab; (e) “Power" means electrical energy and any other form of energy which is mechanically transmitted and is not generated by human or animal agency.

3. Restriction on burning firewood and charcoal: It shall be unlawful to burn firewood or charcoal in any factory, brick-kiln, lime-kiln, or such other fire places or class of fire places as may be specified by the Government by notification Provided that the prohibition contained in this section shall not apply to- (i) any fire place for burning of earthen-wares; 

(ii) any brick-kiln or lime-kiln worked for the preparation of bricks or lime for the personal use of the proprietor of such kiln; (iii) the use of firewood for any domestic purposes Provided further that Government may, in any area permit the burning of firewood or any kind of firewood or charcoal in any class of factories, brick-kilns or lime-kilns subject to such conditions as may be prescribed.

4. Penalty: Any person who contravenes the provisions of Section 3 or such of the rules made under this Act, as may be specified, shall be liable to simple imprisonment for a term which may extend to thirty days or with fine upto five hundred rupees or with both.

5. Offence to be cognizable and bailable: Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under this Act shall be cognizable and bailable within the meanings of the said Code.

6. Power of Forest Officer: (1) Any Forest Officer, specially empowered by Government in this behalf, may, after getting a warrant from a Magistrate, arrest any person who has committed and may seize the firewood and charcoal in respect" of which the offence has been committed. (2) The Forest Officer making an arrest under sub-section (1) shall release such person on his executing a bond to appear, when so required, before the officer-in-charge of the nearest police-station.

7. Indemnity: No suit, prosecution or other legal proceedings shall be against any officer for anything which is in good faith, done or intended to be done in pursuance of any provision of this Act or the rules made thereunder.

8. Power to make rules: Government may, after previous publication, make rules for the purpose of carrying into effect the provisions of this Act.

THE CANAL AND DRAINAGE ACT, 1873(Act VIII of 1873)

C O N T E N T SPART I

PRELIMINARYSECTIONS         1.         Short title – Local extent.         2.         [Repealed]         3.         Interpretation-clause.         4.         Power to appoint officers.     4-A.         Organizations of Farmers.

PART IIOF THE APPLICATION OF WATER

FOR PUBLIC PURPOSES         5.         Notification to issue when water supply is to be applied for public purposes.         6.         Powers of Canal Officers.         7.         Notice as to claims for compensation.         8.         No compensation to be awarded for any damage.         9.         [Repealed]       10.         [Repealed]       11.         Abatement of rent on interruption of water-supply.       12.         Enhancement of rent on restoration of water-supply.       13.         [Repealed]

PART IIIOF THE CONSTRUCTION AND

MAINTENANCE OF WORKS       14.         Power to enter and survey, etc.                     Power to clear land                     Power to inspect and regulate water-supply                     Notice of intended entry into houses                     Compensation for damage caused by entry.   14-A.         Irrigation Schemes.       15.         Power to enter for repairs and to prevent accidents Compensation for damage to

land.       16.         Construction and improvement of a water-course                     Contents of application                     Liability of applicants for cost of work                     Recovery of the amount due.       17.         Government to provide means of crossing canals.       18.         Persons using water-course to construct works for passing water across roads,

etc.                     If they fail, Canal Officer may construct; and recover cost.       19.         Adjustment of claims between persons jointly using water-course                     Recovery of amount found due.       20.         Supply of water through intervening water-courses or change of source of water

supply.   20-A.         Special powers of Divisional Canal Officer to initiate cases under section 20.   20-B.         Cutting of supply for any land not being irrigated at site.       21.         Application for acquisition of land and construction works thereafter.       22.         Procedure of Canal Officer thereupon.       23.         Application for transfer of existing water course.       24.         Liability to acquisition.       25.         When applicant may be placed in occupation.       26.         Appeal against awards and review.       27.         Collector, Executive District Officer (Revenue) and Canal Officer to have

powers of Civil Courts, etc.       28.         Expenses to be paid by applicant before receiving occupation.       29.         Conditions binding on applicant placed in occupation.       30.         [Repealed]

PART IVOF THE SUPPLY OF WATER

       31.         In absence of written contract, water-supply to be subject to rules.       32.         Conditions as to–

                     (a)  Power to stop water supply;                     (b)  Claims to compensation in case of failure or stoppage of supply;                     (c)  Claims on account of interruption from other causes;                     (d)  Duration of supply;                     (e)  Sale or subletting of right to use canal-water;                     (f)   No right acquired by user.

PART VOF WATER-RATES

       33.         Liability for unauthorized use of water from canal or water-course.       34.         Liability when water runs to waste.       35.         Appeals and revisions.       36.         Charge on occupier for water, how determined                     Occupier’s rate.       37.         Owner’s rate.       38.         Amount of owner’s rate.       39.         Owner’s rate, when not chargeable.       40.         [Repealed]       41.         [Repealed]       42.         [Repealed]       43.         [Repealed]       44.         Water-rate by whom payable when charged on land held by several owners.       45.         Certified dues recoverable as arrears of land revenue.       46.         Power to contract for collection of canal-dues.   46-A.         Agreement with Organization of Farmers.       47.         Lambardars may be required to collect canal dues.       48.         Fines excluded from sections 45, 46, 47.

PART VIOF CANAL-NAVIGATION

       49.         Detainer of vessels violating rules                     Liability of owners of vessels causing damage.       50.         Recovery of fines for offences in navigating canals.       51.         Power to seize and  detain vessel on failure to pay charges.       52.         Power to seize cargo or goods, if charges due thereon are not paid.       53.         Procedure for recovery of such charges after seizure.       54.         Procedure in respect of vessels abandoned and goods unclaimed                     Disposal of proceeds of sale.

PART VIIOF DRAINAGE

       55.         Power to prohibit obstructions or order their removal.       56.         Power to remove obstructions after prohibition.       57.         Preparation of Schemes for works of improvement.       58.         Powers of persons employed on such schemes.       59.         Rate on land benefited by works.   59-A.         Prohibition and control regarding the discharge of effluent into canal and

drainage works.       60.         Recovery of rate.       61.         Disposal of claims to compensation.       62.         Limitation of such claims.   62-A.         Management of sub-soil water.

PART VIIIOF OBTAINING LABOUR FOR

CANALS AND DRAINAGE-WORKS       63.         [Omitted].       64.         Power to prescribe number of labourers to be supplied by persons benefited by

canal.       65.         Procedure for obtaining labour for works urgently required.       66.         [Omitted]

PART IXOF JURISDICTION

       67.         Jurisdiction under this Act of Civil Courts.       68.         Settlement of disputes.   68-A.         Power to restore interrupted supply.       69.         Enquiry proceedings.

PART XOF OFFENCES AND PENALTIES

       70.         Offences under the Act.   70-A.         Compensation to persons injured.       71.         Saving of prosecution under other laws.       72.         [Omitted]       73.         Power to arrest without warrant.       74.         Definition of “Canal”.

PART XIOF SUBSIDIARY RULES

       75.         Power to make, alter and cancel rules                     Publication of rules.

SCHEDULE[Repealed]

 

 [1]THE CANAL AND DRAINAGE ACT, 1873

(Act VIII of 1873)[11 February 1873]

An Act to regulate Irrigation, Navigation and Drainage [2][* * *]Preamble.– WHEREAS, throughout the territories to which this Act extends, [3][the Provincial Government] is entitled to use and control for public purposes the water of all rivers and streams flowing in natural channels, and of all lakes, [4][sub-soil water] and other natural collections of still water; and whereas it is expedient to amend the law relating to irrigation, navigation and drainage in the said territories;      It is hereby enacted as follows:-

PART IPRELIMINARY

1.   Short title.– This Act may be called the [5][* * *] Canal and Drainage Act, 1873.      Local extent.– It extends to [6][the Punjab] [7][* * *].      [8][* * * * * * * * * * *   *]2.   [Repeal of Acts]. Rep. by the Repealing Act, 1873 (XII of 1873), s. 1 and Sch., Pt. II.3.   Interpretation-clause.– In this Act, unless there be something repugnant in the subject or context,–        (1)   “Canal” includes,–

               (a)  all canals, channels, [9][tube-wells] and reservoirs constructed, maintained or controlled by [10][the Provincial Government] for the supply or storage of water;

               (b)  all works, embankments, structures, supply and escape-channels connected with such canals, channels or reservoirs;

               (c)  all water-courses as defined in the second clause of this section;                    (d)   all parts of a river, stream, lake or natural collection of water or natural drainage-

channel, to which the [11][Provincial Government] has applied the provisions of Part II of this Act [12][:]

[13][*  * * * * *     * * * * ]        (2)   “water-course” means any channel which is supplied with water from a canal, but

which is not maintained at the cost of [14][the Provincial Government], and all subsidiary works belonging to any such channel:

        (3)   “drainage-work” includes escape-channels from a canal, drains, weirs, embankments, sluices, groins and other works for the protection of lands from flood or from erosion formed or maintained by [15][the Provincial Government] under the provisions of Part VII of this Act, but does not include works for the removal of sewage from towns:

        (4)   “vessel” includes boats, rafts, timber and other floating bodies:  [16][(4A)   “Chief Engineer” means a Chief Engineer declared by the Provincial Government

under section 4:]  [17][(4B)   “Deputy Collector” means an officer appointed as such by the Provincial

Government:]    [18][(5)   “Executive District Officer (Revenue)” means an Executive District Officer

(Revenue) of a district and includes an officer appointed under this Act to exercise all or any of the powers of the Executive District Officer (Revenue):]

    [19][(6)   “Collector” means the Head Revenue Officer of a district and includes an officer appointed under the Act to exercise all or any of the powers of a Collector:]

        (7)   “Canal Officer” means an officer appointed under this Act to exercise control or jurisdiction over a canal or any part thereof:

               “Superintending Canal Officer” means an officer exercising general control over a canal or portion of a canal:

               “Divisional Canal Officer” means an officer exercising control over a division of a canal:

               “Sub-Divisional Canal Officer” means an officer exercising control over a sub-division of a canal:

       [20][(8)    “district” shall have the same meanings as are assigned to this word in the Punjab Local Government Ordinance, 2001 (XIII of 2001):]

    [21][(9)   “Canal Outlet” means a work which passes water from a canal, including a tube-well, to a water course and is constructed, maintained or controlled by Government [22][:] [23][* * *]

      (10)   “Internal Khal” means any channel supplied with water from a water-course for watering fields] [24][:]

  [25][(11)   “Organization of Farmers” means an Organization of Farmers established under this Act and includes any other similar organization established by the Provincial Government or any of its agencies under any law for the time being in force; and]

  [26][(12)   “prescribed” means prescribed by the rules made under this Act.]4.   Power to appoint officers.– The [27][Provincial Government] may from time to time declare by notification in the Official Gazette, the officers by whom, and the local limits within which, all or any of the powers or duties hereafter conferred or imposed shall be exercised or performed.

      All officer mentioned in section 3, clause (7), shall be respectively subject to the orders of such officers as the [28][Provincial Government] from time to time directs.[29][4-A.  Organizations of Farmers.– (1) The Provincial Government may constitute an Organization of Farmers comprising the local cultivators on a water-course, a group of water-courses or a distributary or a part thereof.      (2)  The Provincial Government may entrust any of the functions of Canal Officer under this Act to such an Organization.      (3)  The Provincial Government may frame rules for the formation, operation, functions, jurisdiction and all other related matters of the Organizations of Farmers.]

PART IIOF THE APPLICATION OF WATER

FOR PUBLIC PURPOSES5.   Notification to issue when water supply is to be applied for public purposes.– Whenever it appears expedient to the [30][Provincial Government] that the water of any river or stream flowing in a natural channel or of any lake or other natural collection of still water, [31][or any sub-soil water] should be applied or used by the [32][Provincial Government] for the purpose of any existing or projected canal or drainage-work, the [33]

[Provincial Government] may, by notification in the Official Gazette, declare that the said water will be so applied or used after a day to be named in the said notification, not being earlier than three months from the date thereof.6.   Powers of Canal Officers.– At any time after the day so named, any Canal Officer acting under the orders of the [34][Provincial Government] in this behalf may enter on any land and remove any obstructions, and may close any channels, and do any other thing necessary for such application or use of the said water.7.   Notice as to claims for compensation.– As soon as is practicable after the issue of such notification, the Collector shall cause public notice to be given at convenient places, stating that [35][the Provincial Government] intends to apply or use the said water as aforesaid, and that claims for compensation in respect of the matters mentioned in section 8 may be made before him.[36][8. No compensation to be awarded for any damage.– (1) No compensation shall be awarded for any damage caused by–      (a)  stoppage or diminution of percolation of water or floods;      (b)  deterioration of climate or soil;      (c)  stoppage of navigation, or of means of drifting timber or watering cattle;      (d)  displacement of labour;        (e)   stoppage or diminution of supply of water through any natural channel to any defined

artificial channel, whether above or underground, in use whether constantly or at intervals at the date of the said notification;

      (f)   stoppage or diminution of supply of water to any work erected for purposes of profit on any channel, whether natural or artificial, in use at the date of the said notification;

      (g)  stoppage or diminution of supply of water through any natural channel which has been used for purposes of irrigation, whether constantly or at intervals, before the date of the said notification;

      (h)  interference with any right to a watercourse or the use of any water to which any person is entitled under the Limitation Act, 1908, Part IV.

      (2)  No right in respect of any of the matters referred to in clauses (a), (b) and (c) of sub-section (1) shall be required as against the Government under the Limitation Act, 1908, Part IV; and no right to any such supply of water as is referred to in clauses (e), (f) and (g) of sub-section (1), in respect of work or a channel, as the case may be, not in use at the date of the notification

shall be required, as against the Government, except by grant or under the Limitation Act, 1908, Part IV.]9.   [37][* * * * * * * * * * *   *]10. [38][* * * * * * * * * * *   *]11. Abatement of rent on interruption of water-supply.– Every tenant holding under an unexpired lease, or having a right of occupancy, who is in occupation of any land at the time when any stoppage or diminution of water-supply [39][* * *], takes place, may claim an abatement of the rent previously payable by him for the said land, on the ground that the interruption reduces the value of the holding.12. Enhancement of rent on restoration of water-supply.– If a water-supply increasing the value of such holding is afterwards restored to the said land, the rent of the tenant may be enhanced, in respect of the increased value of such land due to the restored water-supply, to an amount not exceeding that at which it stood immediately before the abatement.      Such enhancement shall be on account only of the restored water-supply, and shall not affect the liability of the tenant to enhancement of rent on any other grounds.13. [40][* * * * * * * * * * *   *]

PART IIIOF THE CONSTRUCTION AND

MAINTENANCE OF WORKS14. Power to enter and survey, etc.– Any Canal Officer, or other person acting under the general or special order of a Canal Officer,      may enter upon any lands adjacent to any canal, or through which any canal is proposed to be made, and undertake surveys or levels thereon;      and dig and bore into the sub-soil;      and make and set up suitable land-marks, level-marks, and water-gauges;      and do all other acts necessary for the proper prosecution of any enquiry relating to any existing or projected canal under the charge of the said Canal Officer;      Power to clear land.– and, where otherwise such enquiry cannot be completed, such officer or other person may cut down and clear away any part of any standing crop, fence or jungle;      Power to inspect and regulate water-supply.– and may also enter upon any land, building or water-course on account of which any water-rate is chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of measuring the lands irrigated thereby or chargeable with a water-rate, and of doing all things necessary for the proper regulation and management of such canal:      Notice of intended entry into houses.– Provided that, if such Canal Officer or person proposes to enter into any building or enclosed court or garden attached to a dwelling-house not supplied with water flowing from any canal, he shall previously give the occupier of such building, court or garden at least seven days’ notice in writing of his intention to do so.      Compensation for damage caused by entry.– In every case of entry under this section, the Canal Officer shall, at the time of such entry, tender compensation for any damage which may be occasioned by any proceeding under this section; and, in case of dispute as to the sufficiency of the amount so tendered, he shall forthwith refer the same for decision by the collector, and such decision shall be final.[41][14-A.  Irrigation Schemes.– (1) Whenever it appears necessary to the Provincial Government to start a project, for which the survey has been conducted under section 14, to provide water channels for the irrigation purpose, it may cause to be drawn the scheme for the layout of water-courses.      (2)  The scheme shall be published and if no objection is received within one month of such publication, it shall become final and be binding on all the persons accepting water under the scheme.

      (3)  The Divisional Canal Officer shall entertain and decide the objections, after such enquiry as he may deem necessary, and his decision shall be final and binding on all the persons receiving water under the scheme.      (4)  A person accepting the supply of water under the scheme shall be bound to allow the use of his land for the construction of the water-courses according to the final layout of the scheme.]15. Power to enter for repairs and to prevent accidents.– In case of any accident happening or being apprehended to a canal any Divisional Canal Officer or any person acting under his general or special orders in this behalf may enter upon any lands adjacent to such canal, and may execute all works [42][, including digging and removing earth,] which may be necessary for the purpose of repairing or preventing such accident.      Compensation for damage to land.– In every such case such Canal Officer or person shall tender compensation to the proprietors or occupiers of the said lands for all damage done to the same. If such tender is not accepted, the Canal Officer shall refer the matter to the Collector, who shall proceed to award compensation for the damage as though the [43]

[Provincial Government] had directed the occupation of the lands under section 43 of the [44]Land Acquisition Act, 1870.16. [45][Construction and improvement of a water-course].– Any persons desiring to use the water of any canal may apply in writing to the Divisional or Sub-divisional Canal Officer of the division or sub-division of the canal from which the water-course is to be supplied, requesting such officer to construct or improve a water-course at the cost of the applicants.      Contents of application.– The application shall state the works to be undertaken, their appropriate estimated cost, or the amount which the applicants are willing to pay for the same, or whether they engage to pay the actual cost as settled by the Divisional Canal Officer, and how the payment is to be made.      Liability of applicants for cost of works.– When the assent of the [46][Canal Officer authorized in this behalf by Provincial Government] is given to such application, all the applicants shall, after the application has been duly attested before the collector, be jointly and severally liable for the cost of such works to the extent mentioned therein.      Recovery of amount due.– Any amount becoming due under the terms of such application, and not paid to the Divisional Canal Officer, or the person authorised by him to receive the same, on or before the date on which it becomes due, shall, on the demand of such officer, be recoverable by the collector as if it were an arrear of land revenue.17.  Government to provide means of crossing canals.– There shall be provided, at the cost of [47][the Provincial Government] suitable means of crossing canals constructed or maintained at the cost of [48]

[the Provincial Government], at such places as [49][the Provincial Government] thinks necessary for the reasonable convenience of the inhabitants of the adjacent lands.      [50][Five or more inhabitants of such lands may make an application to the Divisional Canal Officer to the effect that suitable crossing may be provided on any canal.      The Divisional Canal Officer shall forthwith forward the application to the Collector who shall cause an enquiry to be made into the circumstances of the case, and if he thinks that the statement is established, he shall record his opinion thereon for the consideration of the Provincial Government, and the Provincial Government shall cause such measure in reference thereto to be taken as it deems fit.]18. Persons using water-course to construct works for passing water across roads, etc.– The Divisional Canal Officer may issue an order to the person using any water-course to construct suitable bridges, culverts or other works for the passage of the water of such water-course across any public road, canal or drainage-channel in use before the said water-course was made, or to repair any such works.

      Such order shall specify a reasonable period within which such construction or repairs shall be completed;      If they fail, Canal Officer may construct.– and if, after the receipt of such order, the persons to whom it is addressed do not, within the said period construct or repair such works to the satisfaction of the said Canal Officer, he may, with the previous approval of the Superintending Canal Officer, himself construct or repair the same;        And recover cost.– and if the said persons do not, when so required, pay the cost of such construction or repairs as declared by the Divisional Canal Officer, the amount shall, on the demand of the Divisional Canal Officer, be recoverable from them by the Collector as if it were an arrear of land-revenue.19. Adjustment of claims between persons jointly using water-course.– If any person, jointly responsible with others for the construction or maintenance of a water-course, or jointly making use of a water-course with others, neglects or refuses to pay his share of the cost of such construction or maintenance or to execute his share of any work necessary for such construction or maintenance, the Divisional or Sub-divisional Canal Officer, on receiving an application in writing from any person injured by such neglect or refusal, shall serve notice on all the parties concerned that, on the expiration of a fortnight from the service, he will investigate the case, and shall, on the expiration of that period, investigate the case accordingly, and make such order thereon as to him seems fit.      Such order shall be appealable to the [51][Executive District Officer (Revenue)], whose order thereon shall be final.      Recovery of amount found due.– Any sum directed by such order to be paid within a specified period may, if not paid within such period, and if the order remains in force, be recovered by the Collector, from the person directed to pay the same, as if it were an arrear of land-revenue.[52][20. Supply of water through intervening water-courses or change of source of water supply.– (1) Whenever an application is made to a Divisional Canal Officer for the supply of water from a canal through an existing or a new water-course or change of source for water supply of any land, the Divisional Canal Officer, if considers it appropriate, shall–         (a)  give public notice to all persons interested and personal notice to the land-owners

through whose land a link water-course is to pass, to show cause on a day not less than fourteen days from the date of such notice why the said supply should not be so conveyed, or the source of supply be changed;

         (b)  after making a public enquiry, the Divisional Canal Officer shall determine, whether and on what conditions the said supply shall be conveyed through such water-course or that the source of water supply shall be changed or the link water-course shall be aligned and constructed; and

         (c)  subject to policy instructions of the Provincial Government, pass such order as he deems fit.

      (2)  The Divisional Canal Officer shall, within fifteen days of passing the order, send the record of the case to the Superintending Canal Officer for further proceedings.      (3)  A person aggrieved by the order passed under sub-section (1) may file objections with the Superintending Canal Officer within thirty days of the passing of such order.      (4)  The Superintending Canal Officer, at his own or on the objections, shall pass such order as he deems fit within ninety days from the receipt of the record or receiving of the objections.      (5)  In case no objections are filed and the Superintending Canal Officer fails to pass an order within ninety days, the order of the Divisional Canal Officer shall be deemed to have been confirmed and the record shall be sent back to the Divisional Canal Officer.

      (6)  The order passed or confirmed under this section shall be final and binding on the applicant, the persons responsible for the maintenance of the said water-course, all the persons affected by the change of source of water supply and the land-owners through whose land the link water-course shall pass.      (7)  The applicant shall not be entitled to use the said water-course until he has paid the expenses of alteration of such water-course necessary in order to his being supplied through it, and also such share of the first cost of such water-course as the Divisional or Superintending Canal Officer may determine.      (8)  The applicant shall not be entitled to use the link-water-course, until–         (a)  he has paid to the land-owner the compensation for the land occupied by such link

water-course in whatever shape if it is determined through mutual agreement; or         (b)  possession of land for the said link water-course has been acquired under the

provisions of this Act.      (9)  The applicant shall also be liable for his share of cost of maintenance of the water-course as long as he uses it.][53][20-A. Special powers of Divisional Canal Officer to initiate cases under section 20.– Whenever Government considers it expedient for a specific purpose to empower a Divisional Canal Officer to undertake proceedings under section 20 on his own initiative, it may confer such a power by a general or special order issued in that behalf.20-B.   Cutting of supply for any land not being irrigated at site.– Whenever, on an application or otherwise, the Divisional Canal Officer considers it expedient to terminate the water-supply of any land which cannot be used for agriculture or has become unirrigable, he shall give notice of not less than fourteen days to the land-owners and the persons responsible for the maintenance of the water-course through which such supply is conveyed, to show cause why such supply should not be cut off, and after making enquiry, the said Canal Officer may pass orders to stop the complete or partial supply of water.      (2)  After the expiry of thirty days of the announcement of the decision by the Divisional Canal Officer, if no objection is received and after giving due opportunity of hearing, if any objection is received, the Superintending Canal Officer may confirm or modify it. The decision of the Superintending Canal Officer shall be final and binding on the parties concerned].[54][21.  Application for acquisition of land and construction works thereafter.– Whenever, it is considered necessary to acquire land for construction of a link water-course sanctioned under section 20, or section 98 or deposit of soil from a water-course clearances permitted under section 68 and transfer of an existing water course sanctioned under section 23, the interested person may apply in writing to the Divisional Canal Officer, stating–            (i)   that he has endeavoured unsuccessfully to acquire from the owner, the land required

for the construction of the link water-course, or for the deposit of soil from the watercourse, or for the transfer of the existing watercourse;

           (ii)   that he desires the said Canal Officer, in his behalf and at his cost, to do all things necessary for acquiring such land; and

          (iii)   that he is able to defray all costs involved in acquiring such land and constructing such water course with connected works].

[55][22. Procedure of Canal Officer thereupon.– If the Divisional Canal Officer is satisfied that the statements in the application are true, he shall call upon the applicant to make such deposit as the Divisional Canal Officer considers necessary to defray cost of the preliminary proceedings, and the amount of any compensation which he considers likely to become due under this Act; and upon such deposit being made, he shall mark out the land which will be necessary to occupy for the said purpose, and shall forthwith publish a notice in every village that so much of such land as belongs to such village has been so marked out, and shall send a

copy of such notice to the Collector of every district in which any part of such land is situated].[56][23. Application for transfer of existing water course.– Whenever application is made to a Divisional Canal Officer for transfer of an existing watercourse from its present owner to the applicant, and it appears to him expedient that such transfer should be made in the interest of irrigation, he shall give notice to the person owning such water course to cause, on a day not less than fourteen days from the date of such notice, why the said watercourse should not be so transferred, and after making enquiry on such day, the Divisional Canal Officer shall determine whether and on what condition the said watercourse shall be transferred.        After the expiry of thirty days of the announcement of the decision of the Divisional Canal Officer, if no objection is received and after giving due opportunity of hearing, if any objection is received, the Superintending Canal Officer may confirm or modify that decision. The decision of the Superintending Canal Officer shall be final and binding on the parties concerned.      The applicant shall not be entitled to use the said water-course, until–      (a)  he has paid to the owner, the compensation thereof in whatever shape it is determined

through mutual agreement; or      (b)  possession of the watercourse has been acquired under the provisions of this Act].[57][24. Liability to acquisition.– Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894, or any other law for the time being in force all land within the province shall be liable to acquisition at any time under this Act for constructing a watercourse or an internal khal].[58][25. When applicant may be placed in occupation.– (1) Within fourteen days of the publication of the notice under section 22, any person interested in the land to which the notice refers, may apply to the Superintending Canal Officer by petition, stating his objection to the acquisition of land for which the application has been made.      The Superintending Canal Officer may either reject the petition or may make alteration in the alignment of the proposed watercourse as he thinks fit after hearing the Divisional Canal Officer or his representative and the applicant or interested persons by giving them previous notice.      Notwithstanding anything to the finality of orders made under section 20, section 23 and section 68, the alteration made under this section by the Superintending Canal-officer shall be construed as modification made in the orders already made under the above said sections to the extent of orders passed under this section.      The Superintending Canal Officer shall record in writing all orders passed by him under this section and grounds thereof. The orders of the Superintending Canal Officer shall be final and binding on all the parties.        The Superintending Canal Officer shall inform the Collector of the District, Divisional Canal Officer and the applicant of the order passed by him.      (2)  After the expiry of fourteen days of the publication of the notice under section 22, if no appeal is preferred to the Superintending Canal Officer and on the announcement of the decision of the Superintending Canal Officer when appeal is preferred to him as aforesaid, the Collector shall proceed within fourteen days to acquire such land or transfer such water-course and determine the necessary compensation; provided that the Collector shall take possession under this section after giving to the occupier thereof notice of fourteen days of his intention to do so].[59][26. Appeal against awards and review.– (1) The person entitled to compensation under the awards may accept the award and intimate acceptance in writing to the Collector within fifteen days from the date of the announcement of award.      (2)  Any person aggrieved by the award of the Collector may within one month of such award appeal to the [60][Executive District Officer (Revenue)]. Where the affected party had no intimation of the award, the appeal may be filed within six weeks of the award. The [61]

[Executive District Officer (Revenue)] may after giving the person affected an opportunity of being heard make such order as he may deem fit.      (3)  The order of the [62][Executive District Officer (Revenue)] made on appeal shall be final and shall not be called into question in any Court.        (4)   The Collector or the [63][Executive District Officer (Revenue)] either of his own motion or on application made to him in this behalf by any affected person may at any time review an order made by himself or his predecessor in so far as it corrects an arithmetical, clerical or patent error or mistake only].[64][27. Collector, [65][Executive District Officer (Revenue)] and Canal Officer to have powers of Civil Courts, etc.– The Collector, [66][Executive District Officer (Revenue)] and a Canal Officer making any enquiry or conducting any proceedings or exercising the powers of appeal or review under sections 25 and 26 of this Act shall have the same powers in respect of the following matters as are vested in a Civil Court, when trying a suit, under the Code of Civil Procedure, 1908 (Act V of 1908), namely–         (a)  summoning and enforcing attendance of any person, examining him on oath or

affirmation;         (b)  requiring the discovery and production of any document;         (c)  requisitioning any record from any court or office;         (d)  issuing commissions for examination of witnesses, inspection of property or

making any local investigation;         (e)  appointing guardians ad litem or next friends;         (f)   adding or substituting representatives of deceased parties to proceedings;         (g)  adding or dropping parties from pending proceedings;         (h)  dismissal in default of appearance and restoration of cases dismissed for default;         (i)   consolidating and splitting up cases; and         (j)   any other matter connected with the holding of any inquiry or hearing of an appeal].[67][28. Expenses to be paid by applicant before receiving occupation.– On completion of proceedings under section 25 and delivery of possession of land, the Divisional Canal Officer may allow the applicant to construct the watercourse but no such applicant shall be permitted to make use of such land or watercourse for the requisite purpose, until he has paid such amount as the Collector determines to be due as compensation for the land or watercourse so occupied or transferred, and for any damage caused by the marking out or occupation of such land, together with all expenses incidental to such occupation or transfer.      If any part of compensation and expenses are not paid when demanded by the person entitled to receive the same, the amount may be recovered by the Collector as if it were an arrear of land revenue, and shall, when recovered, be paid by him to the person entitled to receive the same].[68][29. Conditions binding on applicant placed in occupation.– When any such applicant is placed in occupation of land or of a watercourse, or an internal khal as aforesaid and permitted to use the same for the requisite purpose, the following rules and conditions shall be binding on him and his representative-in-interest.      First– All works necessary for the passage across such watercourse or watercourses, or land acquired for the deposit of soil, existing previous to its construction and of the drainage intercepted by it, and for affording proper communicators across it, for convenience of the neighbouring lands, shall be constructed by the applicant, and be maintained by him or his representative-in-interest to the satisfaction of the Divisional Canal Officer.      Second– Land acquired for the purposes enumerated in section 21, shall be used only for those purposes.      Third– The proposed watercourse shall be completed to the satisfaction of the Divisional Canal Officer within one year after the applicant is placed in occupation of the land.

      In cases in which land is occupied or a watercourse is transferred on the terms of a rent-charge.      Fourth– The applicant or his representative-in-interest shall, so long as he occupies such land or watercourse, pay rent for the same at such rate and on such days as are determined by the Collector when the applicant is placed in occupation.      Fifth– If the right to occupy the land ceases owing to a breach of any of the rules, the liability to pay the said rent shall continue until the applicant or his representative-in-interest has restored the land to its original condition, or until he has paid, by way of compensation for any injury done to the said land, such amount and to such persons as the Collector determines.      Sixth– The Collector may, on the application of the person entitled to receive such rent or compensation, determine the amount of rent due or assess the amount of such compensation; and, if any such rent or compensation be not paid by the applicant or his representative-in-interest, the Collector may recover the amount, with interest thereon at the rate of ten per cent per annum from the date on which it became due, as if it were an arrear of land-revenue, and shall pay the same, when recovered, to the person to whom it is due.      If any of the rules and conditions prescribed by this section are not complied with,        or if any watercourse constructed or transferred under this Act is disused for three years continuously, the right of the applicant, or of his representative-in-interest, to occupy land or watercourse shall cease absolutely].30. [69][* * * * * * * * * * *   *]

PART IVOF THE SUPPLY OF WATER

31. In absence of written contract, water supply to be subject to rules.– In the absence of a written contract, or so far as any such contract does not extend, every supply of canal-water shall be deemed to be given at the rates and subject to the conditions prescribed by the rules to be made by the [70][Provincial Government] in respect thereof.32. Conditions as to.– Such contracts and rules must be consistent with the following conditions–      (a)  Power to stop water supply.– The Divisional Canal Officer may not stop the supply

of water to any watercourse, or to any person, except in the following cases:-                (1)   whenever and so long as it is necessary to stop such supply for the purpose of

executing any work ordered by competent authority and with the previous sanction of the [71][Provincial Government];

            (2)  whenever and so long as any watercourse is not maintained in such proper customary repair as to prevent the wasteful escape of water therefrom;

            (3)  within periods fixed from time to time by the Divisional Canal Officer:        (b)   Claims to compensation in case of failure or stoppage of supply.– No claim shall be

made against [72][the Provincial Government] for compensation in respect of loss caused by the failure or stoppage of the water in a canal, by reason of any cause beyond the control of [73]

[the Provincial Government] or of any repairs, alterations or additions to the canal, or of any measures taken for regulating the proper flow of water therein, or for maintaining the established course of irrigation which the Divisional Canal Officer considers necessary; but the person suffering such loss may claim such remission of the ordinary charges payable for the use of the water as is authorised by the [74][Provincial Government]:

      (c)  Claims on account of interruption from other causes.– If the supply of water to any land irrigated from a canal be interrupted otherwise than in the manner described in the last preceding clause, the occupier or owner of such land may present a petition for compensation to the Collector for any loss arising from such interruption, and the Collector may award to the petitioner reasonable compensation for such loss:

      (d)  Duration of supply.– When the water of a canal is supplied for the irrigation of a single crop, the permission to use such water shall be held to continue only until that crop comes to maturity, and to apply only to that crop; but, if it be supplied for irrigating two or more crops to be raised on the same land within the year, such permission shall be held to continue for one year from the commencement of the irrigation, and to apply to such crops only as are matured within that year:

      (e)  Sale or subletting of right to use canal water.– Unless with the permission of the Superintending Canal Officer, no person entitled to use the water of any canal, or any work, building or land appertaining to any canal, shall sell or sublet or otherwise transfer his right to such use:

            Provided that the former part of this clause shall not apply to the use by a cultivating tenant of water supplied by the owner of a watercourse for the irrigation of the land held by such tenant:

      Transfer, with land, of contracts for water.– But all contracts made between [75][Provincial Government] and the owner or occupier of any immovable property, as to the supply of canal-water to such property, shall be transferable therewith, and shall be presumed to have been so transferred whenever a transfer of such property takes place:      (f)   No right acquired by user.– No right to the use of the water of a canal shall be, or be

deemed to have been acquired under the [76]Indian Limitation Act, 1877, Part IV, nor shall [77][the Provincial Government] be bound to supply any person with water except in accordance with the terms of a contract in writing.

PART VOF WATER-RATES

[78][33.    Liability for unauthorized use of water from canal or water-course.– (1) When the water of a canal is used in an unauthorized manner, the Divisional Canal Officer shall, after holding an enquiry or causing it to be held including identification of the person committing the offence and considering the evidence of the Organization of Farmers, levy the prescribed charges in the prescribed manner from the person by whose act such use has occurred and if such person cannot be identified, from the person on whose land the water has flowed and such land has derived benefit from it.        (2)   Where the water used in an unauthorized manner has been taken from a water-course, the Deputy Collector, after holding an inquiry, may levy the charges–            (a)  from the person by whose act or neglect such use has taken place; or            (b)  if such person cannot be identified, from the person on whose land the water has

flowed and such land has derived benefit from it; and            (c)  if such person cannot be identified or the land, on which water has flowed, has

derived no benefit from it, from all persons chargeable in respect of the water supplied through such water-course.]

34. Liability when water runs to waste.– If water supplied through a watercourse be suffered to run to waste, and if, after enquiry by [79][the Deputy Collector], the person through whose act or neglect such water was suffered to run to waste cannot be discovered all the persons chargeable in respect of the water supplied through such watercourse shall be jointly liable for the charges made in respect of the water so wasted.[80][35.  Appeals and revisions.– (1) Any person aggrieved by an order passed by the Divisional Canal Officer in respect of a question under section 33 may, within thirty days of the passing of such order, appeal to the Superintending Canal Officer who after giving such person an opportunity of being heard, may confirm, modify or set aside the order of the Divisional Canal Officer.      (2)  Any person aggrieved by an order passed by the Deputy Collector under section 33 or under section 34 may, within thirty days of the passing of such order, appeal to the Divisional

Canal Officer, who, after giving such person an opportunity of being heard, may confirm, modify or set aside the order of the Deputy Collector.      (3)  Subject to the deposit of charges and penalties to the satisfaction of the revisional authority, a revision shall lie before the Chief Engineer against the order passed by the Superintending Canal Officer under this section within ninety days of the passing of the order.      (4)  The order passed by the revisional authority shall be final and the amount of the charges and penalties deposited with the revisional authority shall be liable to be adjusted or refunded accordingly.      (5)  The Divisional Canal Officer, Superintending Canal Officer or the Chief Engineer, as the case may be, exercising powers under this section shall not suspend or stay the process of recovery of the charges levied under section 33 or section 34.      (6) All charges for the unauthorized use or waste of water may be recovered in addition to any penalties incurred on account of such unauthorized use or waste.]36. Charge on occupier for water, how determined.– The rates to be charged for canal-water supplied for purposes of irrigation to the occupiers of land shall be determined by the rules[81] to be made by the [82][Provincial Government], and such occupier as accept the water shall pay for it accordingly.      Occupier’s rate.– A rate so charged shall be called the “occupier’s rate”.      [83][The rules hereinbefore referred to may prescribe and determine what persons or classes of persons are to be deemed to be occupiers for the purposes of this section, and may also determine the several liabilities, in respect of the payment of the occupier’s rate, of tenants and of persons to whom tenants may have sublet their lands or of proprietors and of persons to whom proprietors may have let the lands held by them in cultivating occupancy].37. Owner’s rate.– In addition to the occupier’s rate, a rate to be called the “owner’s rate” may be imposed, according to rules[84] to be made by the [85][Provincial Government], on the owners of canal-irrigated lands, in respect of the benefit which they derive from such irrigation.38. Amount of owner’s rate.– The owner’s rate shall not exceed the sum which under the rules for the time being in force for the assessment of land-revenue, might be assessed on such land on account of the increase in the annual value or produce thereof caused by the canal-irrigation. And, for the purpose of this section only, land which is permanently settled or held free of revenue shall be considered as though it were temporarily settled and liable to payment of revenue.39. Owner’s rate, when not chargeable.– No owner’s rate shall be chargeable either on the owner or occupier of land temporarily assessed to pay land-revenue at irrigation-rates, during the currency of such assessment.40 to 43.  [When occupier to pay both rates: apportionment of owner’s: when owner to pay owner’s rate: effect of introduction of canal-irrigation on landlord’s right to enhance]. Rep. by the Punjab Tenancy Act 1887 (XVI of 1887), s. 3 and Sch.44. Water-rate by whom payable when charged on land held by several owners.– Where a water-rate is charged on land held by several joint owners, it shall be payable by the manager or other person who receives the rents or profits of such land, and may be deducted by him from such rents or profits before division, or may be recovered by him from the persons liable to such rate in the manner customary in the recovery of other charges on such rents or profits.

Recovery of charges[86][45.    Certified dues recoverable as arrears of land revenue.– Any sum lawfully due under this Part and certified by Divisional Canal Officer to be so due shall be recovered as arrears of land revenue by–      (a)  the Collector, in case of water used for irrigation purposes; and      (b)  the Deputy Collector in case of water used for non-irrigation purposes.]

46. Power to contract for collection of canal-dues.– The Divisional Canal Officer or the Collector may enter into an agreement with any person for the collection and payment to [87]

[the Provincial Government] by such person of any sum payable under this Act by a third party.      When such agreement has been made, such person may recover such sum by suit as though it were a debt due to him, or an arrear of rent due to him on account of the land, work or building in respect of which such sum is payable, or for or in which the canal-water shall have been supplied or used.      If such person makes default in the payment of any sum collected by him under this section, such sum may be recovered from him by the Collector under section 45; and, if such sum or any part of it be still due by the said third party, the sum or part so due may be recovered in the like manner by the Collector from such third party.[88][46-A.      Agreement with Organization of Farmers.– The Divisional Canal Officer or the Collector may enter into agreement with an Organization of Farmers for the collection and payment to the Provincial Government of any sum payable under this Act, and thereafter any such Organization shall be deemed to be a person entering into agreement with the Divisional Canal Officer or the Collector.]47. Lambardars may be required to collect canal dues.– The Collector may require the lambardar, or person under engagement to pay the land-revenue of any estate, to collect and pay any sums payable under this Act by a third party, in respect of any land or water in such estate.      Such sums shall be recoverable by the Collector as if they were arrears of land-revenue due in respect of the defaulter’s share in such estate;      and for the purpose of collecting such sums from the subordinate zamindars, raiyats, [89]

[tenants or sub-tenants], such lambardar or person may exercise the powers, and shall be subject to the rules, laid down in the law for the time being in force in respect to the collection by him of the rents of land or of shares of land-revenue.      The [90][Provincial Government] shall provide–      (a)  for remunerating persons collecting sums under this section; or      (b)  for indemnifying them against expenses properly incurred by them in such collection;

or      (c)  for both such purposes.48. Fines excluded from sections 45, 46, 47.– Nothing in sections 45, 46 or 47 applies to fines.

PART VIOF CANAL-NAVIGATION

49.  Detainer of vessels violating rules.– Any vessel entering or navigating any canal contrary to the rules made in that behalf by the [91][Provincial Government] or so as to cause danger to the canal or the other vessels therein, may be removed or detained, or both removed and detained, by the Divisional Canal Officer, or by any other person duly authorised in this behalf.      Liability of owners of vessels causing damage.– The owner of any vessel causing damage to a canal, or removed or detained under this section, shall be liable to pay to [92][the Provincial Government] such sum as the Divisional Canal Officer, with the approval of the Superintending Canal Officer, determines to be necessary to defray the expenses of repairing such damage or of such removal or detention, as the case may be.50. Recovery of fines for offences in navigating canals.– Any fine imposed under this Act upon the owner of any vessel, or the servant or agent of such owner or other person in charge of any vessel, for any offence in respect of the navigation of such vessel, may be recovered either in the manner prescribed by the Code of Criminal Procedure or, if the Magistrate imposing the fine so directs, as though it were a charge due in respect of such vessel.

51. Power to seize and detain vessel on failure to pay charges.– If any charge due under the provisions of this Part in respect of any vessels not paid on demand to the person authorised to collect the same, the Divisional Canal Officer may seize and detain such vessel and the furniture thereof, until the charge so due, together with all expenses and additional charges arising from such seizure and detention, is paid in full.52. Power to seize cargo or goods, if charges due thereon are not paid.– If any charge due under the provisions of this Part in respect of any cargo or goods carried in a Government vessel on a canal, or stored on or in lands or warehouses occupied for the purposes of a canal is not paid on demand to the person authorised to collect the same, the Divisional Canal Officer may seize such cargo or goods and detain them until the charge so due, together with all expenses and additional charges arising from such seizure and detention, is paid in full.53.  Procedure for recovery of such charges after seizure.– Within a reasonable time after any seizer under section 51 or section 52, the said Canal Officer shall give notice to the owner or person in charge of the property seized that it, or such portion of it as may be necessary, will, on a day to be named in the notice, but not sooner than fifteen days from the date of the notice, be sold in satisfaction of the claim on account of which such property was seized, unless the claim be discharged before the day so named.      And, if such claim be not so discharged, the said Canal Officer may, on such day, sell the property seized or such part thereof as may be necessary to yield the amount due, together with the expenses of such seizure and sale:      Provided that no greater part of the furniture of any vessel or of any cargo or goods shall be so sold than shall, as nearly as may be, suffice to cover the amount due in respect of such vessel, cargo or goods.      The residue of such furniture, cargo or goods, and of the proceeds of the sale, shall be made over to the owner or person in charge of the property seized.54. Procedure in respect of vessels abandoned and goods unclaimed.– If any vessel found abandoned in a canal, or any cargo or goods carried in a Government vessel on a canal, or stored on or in lands or warehouses occupied for the purposes of a canal, be left unclaimed for a period of two months, the Divisional Canal Officer may take possession of the same.      The officer so taking possession may publish a notice that, if such vessel and its contents, or such cargo or goods, are not claimed previously to a day to be named in the notice, not sooner than thirty days from the date of such notice, he will sell the same; and, if such vessel, contents, cargo or goods be not so claimed, he may, at any time after the day named in the notice, proceed to sell the same.      Disposal of proceeds of sale.– The said vessel and its contents, and the said cargo or goods if unsold, or, if a sale has taken place, the proceeds of the sale, after paying all tools, charges and expenses incurred by the Divisional Canal Officer on account of the taking possession and sale, shall be made over to the owner of the same, when his ownership is established to the satisfaction of the Divisional Canal Officer.      If the Divisional Canal Officer is doubtful to whom such property or proceeds should be made over, he may direct the property to be sold as aforesaid, and the proceeds to be paid into the district treasury, there to be held until the right there to be decided by a court of competent jurisdiction.

PART VIIOF DRAINAGE

55. Power to prohibit obstructions or order their removal.– Whenever it appears to the [93]

[Provincial Government] that injury to any land or the public health or public convenience has arisen or may arise from the obstruction of any river, stream or drainage-channel, such Government may, by notification published in the official Gazette, prohibit, within limits to be defined in such notification the formation of any obstruction, or may, within such limits, order the removal or other modification of such obstruction.

      Thereupon so much of the said river, stream or drainage-channel as is comprised within such limits shall be held to be a drainage-work as defined in section 3.56. Power to remove obstructions after prohibition.– The Divisional Canal Officer, or other person authorised by the [94][Provincial Government] in that behalf, may, after such publication issue an order to the person causing or having control over any such obstruction to remove or modify the same within a time to be fixed in the order.      If, within the time so fixed, such person does not comply with the order, the said Canal Officer may himself remove or modify the obstruction; and if the person to whom the order was issued does not, when called upon, pay the expenses involved in such removal or modification, such expenses shall be recoverable by the Collector from him or his representative in interest as an arrear of land-revenue.57. Preparation of schemes for works of improvement.– Whenever it appears to the [95]

[Provincial Government] that any drainage-works are necessary for the improvement of any lands, or for the proper cultivation or irrigation thereof,      or that protection from floods or other accumulations of water, or from erosion by a river, is required for any lands,      the [96][Provincial Government] may cause a scheme for such drainage-works to be drawn up and published, together with an estimate of its cost [97][* * *], and a schedule of the lands which it is proposed to make chargeable in respect of the scheme.58. Powers of persons employed on such schemes.– The persons authorised by the [98]

[Provincial Government] to draw up such scheme may exercise all or any of the powers conferred on the Canal Officers by section 14.[99][59. Rate on land benefited by works.– An annual rate, in respect of such scheme, may be charged, according to rules to be made by the Provincial Government, on the owners of all lands which shall, in the manner prescribed by such rules, be determined to be so chargeable:      Provided that in the case of agricultural land, no such rate shall be charged for the first two harvests immediately following the completion of the scheme].[100][59-A.     Prohibition and control regarding the discharge of effluent into canal and drainage works.– (1) The Provincial Government may, by notification in the official gazette, prohibit the discharge of any effluent, including any solid or liquid matter or combination of them from industrial, municipal or any other source, into any river, canal and drainage work including any natural drainage channel.      (2)  In case of contravention of sub-section (1), the Divisional Canal Officer, after such enquiry including taking of sample, may impose such special drainage charges as may be prescribed and shall take other necessary steps to prevent such contravention and consequential cost so incurred shall also be recoverable from the person found responsible for such contravention.      (3)  After the publication of notification under sub-section (1), any person, organization or entity, interested in discharging such effluent into any river or drainage work, including any natural drainage channel, shall apply to the Divisional Canal Officer or any other person authorized by the Provincial Government in this behalf, for grant of permission for the discharge of such effluent.      (4)  The applicant shall obtain a certificate of no adverse impact of such discharge on environment from the authority designated in this behalf under any law for the time being in force relating to environment.      (5)  The Divisional Canal Officer or the person authorized under sub-section (3), shall, after giving an opportunity of hearing to the applicant and such further inquiry as he deems necessary, determine the feasibility of such permission on the basis of the certificate mentioned in sub-section (4), capacity and flow condition of the channel and may either refuse or grant permission subject to such terms and conditions including levy of drainage charges as may be prescribed.

      (6)  Any person aggrieved by the order passed by the Divisional Canal Officer under this section may file an appeal before the Chief Engineer within ninety days of the passing of the order.      (7)  The Chief Engineer may, on an appeal or at his own, confirm, modify or set aside the order of the Divisional Canal Officer.][101][60.   Recovery of rate.– Any drainage rate, levied under section 59 or section 59-A, may be collected and recovered in the manner provided under sections 45, 46, 46-A and 47 for the collection and recovery of water rates.]61. Disposal of claims to compensation.– Whenever, in pursuance of a notification made under section 55, any obstruction is removed or modified,      or whenever any drainage work is carried out under section 57,      all claims for compensation on account of any loss consequent on the removal or modification of the said obstruction or the construction of such work may be made before the Collector, and he shall deal with the [102][claims in accordance with law].62. Limitation of such claims.– No such claim shall be entertained after the expiration of one year from the occurrence of the loss complained of, unless the collector is satisfied that the claimant had sufficient cause for not making the claim within such period.[103][62-A.     Management of sub-soil water.– (1) The Provincial Government shall take necessary steps for the proper management of the sub-soil water to protect the aquifer, the quality and availability of such water.      (2)  The Provincial Government, or any person authorized by it in this behalf, shall carry out the evaluation and assessment regarding the condition of aquifer, quality and availability of sub-soil water in any specified area and draw up the scheme for the proper management of the sub-soil water and publish it in the manner as may be determined by the Provincial Government.      (3)  Any person aggrieved by the scheme framed under this section may file objections regarding any matter included in the scheme before the person authorized by the Provincial Government.      (4)  After the disposal of the objections, if any, the Provincial Government may modify the scheme and take necessary steps for its implementation.      (5)  Any person violating any direction, order or instruction issued under this section, shall be liable to such charges as may be prescribed.]

PART VIIIOF OBTAINING LABOUR FOR CANALS

AND DRAINAGE-WORKS63. [104][* * * * * * * * * * * *   *].64. Power to prescribe number of labourers to be supplied by persons benefited by canal.– In any district in which a canal or drainage-work is constructed, maintained or protected by [105][the Provincial Government], the [106][Provincial Government] may if it thinks fit direct the Collector–      (a)  to ascertain the proprietors, sub-proprietors or farmers whose villages or estates are or

will be in the judgement of the Collector benefited by such canal or drainage work, and

      (b)  to set down in a list, having due regard to the circumstances of the districts and of the several proprietors, sub-proprietors or farmers, the number of labourers which shall be furnished by any of the said persons, jointly or severally, from any such village or estate, for employment on any such canal or drainage-work when required as hereinafter provided.

      The Collector may, from time to time, add to or alter such list or any part thereof.

65. Procedure for obtaining labour for works urgently required.– Whenever it appears to a Divisional Canal Officer duly authorised by the [107][Provincial Government] that, unless some work is immediately executed, such serious damage will happen to any canal or drainage-work as to cause sudden and extensive public injury,      and that the labourers necessary for the proper execution thereof cannot be obtained in the ordinary manner within the time that can be allowed for the execution of such work so as to prevent such injury,      the said officer may require any person named in such list to furnish as many labourers (not exceeding the number which, according to the said list he is liable to supply) as to the said officer seems necessary for the immediate execution of such work.      Every requisition so made shall be in writing, and shall state–      (a)  the nature and locality of the work to be done;      (b)  the number of labourers to be supplied by the person upon whom the requisition is

made; and      (c)  the approximate time for which and the day on which the labourers will be required;and a copy thereof shall be immediately sent to the Superintending Canal Officer for the information of the [108][Provincial Government].      The [109][Provincial Government] shall fix, and may from time to time alter the rates to be paid to any such labourers:      Provided that such rates shall exceed the highest rates for the time being paid in the neighbourhood for similar work.      In the case of every such labourer, the payment shall continue for the whole period during which he is, in consequence of the provisions of this part, prevented from following his ordinary occupation.      The [110][Provincial Government] may [111][* * *] direct that the provisions of this Part shall apply, either permanently or temporarily (as the case may be), to any district or part of a district for the purpose of effecting necessary annual silt-clearances, or to prevent the proper operation of a canal drainage-work being stopped or so much interfered with as to stop the established course of irrigation or drainage.66.    [112][* * * * * * * * * * *   *].

PART IXOF JURISDICTION

67. Jurisdiction under this Act of Civil Courts.– Except where herein otherwise provided, all claims against [113][the Provincial Government] in respect of anything done under this Act may be tried by the Civil Courts; but no such Court shall in any case pass an order as to the supply of canal-water to any crop sown or growing at the time of such order.[114][68.   Settlement of disputes.– (1) Whenever a difference arises between two or more persons with regard to the distribution of water from a canal outlet, construction, use, or maintenance of the water-course supplied with water from the outlet, or deposit of soil from water-course clearance, or mutual rights and liabilities in that regard, any such person may apply in writing to the Sub-Divisional Canal Officer.      (2)  The Sub-Divisional Canal Officer may also proceed to settle any dispute without any such application on the basis of the order passed under section 20-B or an order canceling the extra water supplies.      (3)  The Sub-Divisional Canal Officer shall give notice to all persons concerned regarding the enquiry in the said matter and after such enquiry shall pass an order as he deems appropriate.      (4)  Any person aggrieved by an order passed under sub-section (3) may, within fifteen days of the passing of such order, prefer an appeal against the order to the Divisional Canal Officer.

      (5)  Where an appeal has been preferred under sub-section (4), the Divisional Officer–            (a)  shall decide the appeal expeditiously; and            (b)  may, pending the disposal of the appeal, suspend the operation of the order;

provided that the stay order does not adversely affect any standing crops.      (6)  The applicant shall not be entitled to use the water-course that may be sanctioned under this section for conveyance of water to his land or the land required for the deposit of soil from water-course clearance, until–            (a)  he has paid to the land-owner the compensation for the land occupied for any of

the purposes, in whatever shape it is determined through mutual agreement; or            (b)  possession of the land has been acquired under the provisions of this Act.      (7)  An order passed under sub-section (3), if there be no appeal preferred against it and an order passed in appeal under sub-section (5) shall be final.][115][68-A.     Power to restore interrupted supply.– (1) If canal-water supply of any land is interrupted by dismantling a water-course or internal khal, the Sub-Divisional Canal Officer, may, upon application made in this behalf and after such enquiry as he deems necessary, order interim restoration of the dismantled water-course or the internal khal and the interrupted supply of water at the cost of person who interrupted the supply and if necessary by use of such agency or force as may be called for and such order shall remain in force until the dispute is finally settled under section 68 and, if necessary, a water-course link is constructed under this Act.      (2)  The expenses for restoration of the water-course or internal khal may be recovered from the person at fault as arrear of land revenue.][116][69.   Enquiry proceedings.– (1) Any officer or organization empowered under the Act to conduct an enquiry may cause the preliminary enquiry to be made by any subordinate person or entity.      (2)  Any person or entity conducting an enquiry or a preliminary inquiry may exercise all such powers connected with the summoning and examining of witnesses as are conferred on a civil court by the Code of Civil Procedure 1908 (Act V of 1908) and any such enquiry shall be deemed to be a judicial proceedings.]

PART XOF OFFENCES AND PENALTIES

[117][70.   Offences under the Act.– Whoever, without proper authority does [118][, or abets the doing of,] any of the following acts, that is to say:-            (1)   cuts through, pierces, damages, alters, enlarges or obstructs any canal or canal

outlet or drainage work;            (2)   interferes with, increases or diminishes the supply of water in, or the flow of

water from, through, over or under, any canal or drainage work, or by any means raises or lowers the level of the water in any canal;

            (3)   interferes with or alters the flow of water in any river or stream, so as to endanger, damage or render less useful any canal or drainage work;

            (4)   makes any dam or obstruction for the purpose of diverting or opposing the current of a river on the bank whereof there is a flood embankment or refuses or neglects to remove any such dam or obstruction when lawfully required so to do;

            (5)   prevents or interferes with the lawful use of a water-course by any person authorised to use the same;

            (6)   being responsible for the maintenance of a water-course, or using a water-course, neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorised distribution of water therefrom, or uses such water in an unauthorised manner;

            (7)   dismantles water-course or internal khal thereby interrupting or obstructing the irrigation of the land of another person;

            (8)   corrupts or fouls the water of any canal so as to render it less fit for the purpose for which it is ordinarily used;

            (9)   causes any vessel to enter or navigate any canal contrary to the rules for the time being prescribed by Government for entering or navigating such canal;

          (10)   while navigating on any canal, neglects to take proper precautions for the safety of the canal and of vessels thereon;

          (11)   [119][* * * *]          (12)   destroys, defaces or moves any land or level mark, rain-gauge or water-gauge

fixed by a public servant;          (13)   destroys, tampers with or removes any apparatus, or part of any apparatus for

hydrological observations or for controlling, regulating or measuring the flow of water in any canal, river or stream;

          (14)   passes or causes animals or vehicles to pass, on or across any of the works, banks or channels of a canal or drainage work contrary to rules made under this Act;

          (15)   causes or knowingly and willfully permits cattle to graze upon any canal or drainage work or tethers or knowingly and willfully permits cattle to be tethered upon any such canal or drainage work, or up-roots grass or other vegetation growing on any such canal or drainage work, or removes, cuts or in any way injures or causes to be removed, cuts or otherwise injures any tree, bush, grass or hedge intended for the protection of such canal or drainage work;

          (16)   makes or in any manner voluntarily abets the making of an encroachment of any kind within the limits of a canal or drainage work, or refuses or neglects to remove any such encroachment when so required to do by Canal Officer; or

      [120][(17)   violates any rules made under this Act, for breach whereof a penalty may be incurred;

shall be liable, on conviction before a Magistrate of such class as the Provincial Government directs in this behalf–      (a)  for an offence under clauses (1) to (4), to a fine not exceeding fifteen thousand rupees

or to imprisonment not exceeding one year or to both; and      (b)  for any other offence under this section, to a fine not exceeding three thousand rupees

or to imprisonment not exceeding three months or to both.]      [121][(2)   If a person is convicted under this section, the Magistrate may order that the cost, as certified by the Divisional Canal Officer for removal of the obstruction or repairing the damage, shall be payable by such convict and on his failure to pay such costs, the same may be recovered as arrears of land revenue.][122][70-A.     Compensation to persons injured.– (1) Whenever any person is fined for an offence under this Act, the Court which imposes such fine, or which confirms, in appeal or revision, a sentence of such fine or a sentence of which such fine forms a part, may direct that the whole or any part of such fine, may be paid as compensation to the injured person or as reward to the informant.      (2)  If the fine be awarded by a Court, whose  decision is subject to appeal or revision, the amount awarded by way of compensation or reward, as the case may be, shall not be paid until the period prescribed for appeal or revision has elapsed, and when an appeal or revision is filed, till the same is finally disposed of.]71. Saving of prosecution under other laws.– Nothing herein contained shall prevent any person from being prosecuted under any other law for any offence punishable under this Act:      Provided that no person shall be punished twice for the same offence.72. [123][* * * * * * * * * * * *   *]73. Power to arrest without warrant.– Any person in charge of or employed upon any canal or drainage-work may remove from the lands or buildings belonging thereto, or may

take into custody without a warrant and take forthwith before a Magistrate or to the nearest police station, to be dealt with according to law, any person who, within his view, commits any of the following offences:-      (1)  willfully damages or obstructs any canal or drainage-work;      (2)  without proper authority interferes with the supply or flow of water in or from any canal

or drainage-work, or in any river or stream, so as to endanger, damage or render less useful any canal or drainage-work.

74. Definition of “Canal”.– In this Part, the word “canal” shall (unless there be something repugnant in the subject or context) be deemed to include also all lands occupied by [124][the Provincial Government] for the purposes of canals, and all buildings, machinery, fences, gates and other erections, trees, crops, plantations or other produce occupied by or belonging to [125][the Provincial Government] upon such lands.

PART XIOF SUBSIDIARY RULES

75. Power to make, alter and cancel rules.– The [126][Provincial Government] may, from time to time [127][* * *] make rules[128] to regulate the following matters:-      (1)  the proceedings of any officer who, under any provision of this Act, is required or

empowered to take action in any matter;      (2)  the cases in which, and the officers to whom and the conditions subject to which

orders and decisions given under any provision of this Act, and not expressly provided for as regards appeal, shall be appealable;

      (3)  the persons by whom, [129][and] the time, place or manner at or in which anything for the doing of which provision is made under this Act shall be done;

      (4)  the amount of any charge made under this Act; and      (5)  generally to carry out the provisions of this Act.      [130][Rules made under clause (4) may be made to have effect retrospectively from any date not earlier than the date on which water has been supplied or the charge has otherwise become leviable under this Act].      Publication of rules.– The [131][Provincial Government] may from time to time [132][* * *] alter or cancel any rules so made.      Such rules, alterations and cancelments shall be published in the [133][Official Gazette], and shall thereupon have the force of law.

SCHEDULE[Rep. by the Repealing Act, 1873 (XII of 1873), s. I and Sch., Pt. II]

 

[1]For statement of objects and reasons, see Gazette of India, 1872, Pt. V, p. 651; for Reports of Select Committee, see ibid., p. 747 and ibid., Supplement 1873, p. 223; for Proceedings in Council, see ibid., Supplement, pp. 919, 956 and 1081; ibid., 1873, Supplement, pp. 154, 156, 223, 246 and 279.

[2]The words “Northern India” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).[3]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the Government”.

[4]Inserted by the Canal and Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII of 1965).[5]The words “Northern India” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).[6]Substituted by the Federal Leased (Revision and Declaration) Act, 1951 (XXVI of 1951), substituted for “West Punjab” which had been substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), schedule for “the territories [which on the 11th February, 1873, were] respectively under the Govt. of the Lieutenant-Governors of the North-Western Provinces and the Punjab and under the Administration of the Chief Commissioners of Oudh and the Central Provinces”. The bracketted words were substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “for the time being”.

[7]The expression “; and applies to all lands, whether permanently settled, temporarily settled, or free from revenue” omitted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).

[8]Commencement clause repealed by the Repealing Act, 1874 (X of 1874).[9]Inserted by the Canal and Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII of 1965).[10]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the  Government”.

[11]Substituted ibid., for “Local Government”.[12]Substituted for the semi-colon by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[13]The words, comma and the colon “but does not include a Kareze not constructed at the cost of the Provincial Government or the contribution of the provincial Government in the construction whereof does not exceed rupees ten thousand, and not maintained or controlled by the Provincial Government:” omitted ibid.

[14]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the Government”.

[15]Ibid.[16]Inserted by the Canal and Drainage (West Pakistan Amendment) Act, 1968 (VII of 1968) and substituted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).

[17]Inserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[18]Substituted ibid.[19]Ibid.[20]Ibid.[21]Added by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975).[22]Substituted for the semi-colon by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[23]The word “and” omitted ibid.[24]Substituted ibid, for the full-stop.[25]Inserted ibid.[26]Inserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[27]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the “Local Government”.

[28]Ibid.[29]Added by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) and substituted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).

[30]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[31]Inserted by the Canal and Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII of 1965).[32]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the Government”.

[33]Ibid., for “Local Government”.[34]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[35]Substituted ibid., for “Government”.[36]Substituted by the Canal and Drainage (Amendment) Act, 1952 (XIV of 1952).[37]Deleted by the Canal and Drainage (Amendment) Act, 1952 (XIV of 1952).[38]Ibid.[39]The words, “in respect of which compensation is allowed under section 8”, deleted. ibid.[40]Deleted ibid.[41]Inserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[42]Inserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[43]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[44]X of 1870, subsequently replaced by the Land Acquisition Act, 1894.[45]Substituted for the words “Application by persons desiring to use the canal-water” by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).

[46]Substituted for the words “Superintending Canal Officer”, by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962).

[47]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the Government”.

[48]Ibid., for “Local Government”.[49]Ibid.[50]Substituted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[51]Substituted for the word “Commissioner” by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[52]Substituted first by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) and then by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).

[53]Sections 20-A and 20-B added by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975).[54]Substituted ibid.[55]Substituted by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975).[56]Ibid.[57]Ibid.[58]Substituted by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975)[59]Ibid.[60]Substituted for the word “Commissioner” by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[61]Ibid.[62]Ibid.[63]Ibid.[64]Substituted by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975).[65]Substituted for the word “Commissioner” by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[66]Ibid.[67]Substituted by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975).[68]Ibid.[69]Deleted by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975).[70]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[71]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[72]Ibid., for “Government”.[73]Ibid.[74]Ibid., for “Local Government”.[75]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the Government”.

[76]XV of 1877, subsequently replaced by the Limitation Act, 1908 (IX of 1908).[77]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the Government”.

[78]Substituted first by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) and then by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).

[79]Substituted for the words “the Divisional Canal Officer” by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).

[80]Substituted first by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) and then  by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).

[81]For instance of such notifications, see Punjab Gazette, 1993, Pt. I. pp. 223 and 224.[82]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[83]Inserted by the Northern India Canal and Drainage (Amendment) Act 1899 (XVI of 1899).[84]For instance of such notifications, see Punjab Gazette, 1993, Pt. I. pp. 223 and 224.[85]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[86]Substituted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[87]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[88]Inserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[89]Substituted by the Northern India Canal and Drainage (Amendment) Act, 1899 (XVI of 1899), for “or tenants”.[90]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[91]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the Government”

[92]Ibid..[93]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[94]Ibid.[95]Ibid.[96]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[97]The words, “and a statement of the proportion of such cost, which the Provincial Government proposes to defray”, deleted by the Canal and Drainage (West Pakistan Second Amendment) Ordinance, 1970 (IV of 1970).

[98]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the “Local Government”.

[99]Substituted by the Canal and Drainage (West Pakistan Second Amendment) Ordinance, 1970 (IV of 1970).[100]Inserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[101]Substituted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[102]Ibid, for the words “same in the manner provided in section 10”.[103]Inserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[104]Section 63. “Definition of ‘labourer’” omitted ibid.[105]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the “Local Government”

[106]Ibid.[107]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the “Local Government”.

[108]Ibid.[109]Ibid.[110]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the “Local Government”.

[111]The words, “with the previous sanction of the G.G. in C”, repealed by the Decentralization Act, 1914 (IV of 1914).[112]Section 66. “Liability of labourers under requisition” omitted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).

[113]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the Government”.

[114]Substituted first by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) and then by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).

[115]Added by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975) and substituted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).

[116]Substituted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[117]Substituted by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975).[118]Inserted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[119]Omitted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[120]Substituted ibid.[121]Substituted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006).[122]Added by the Canal and Drainage (Punjab Amendment) Act, 1975 (XXXII of 1975).[123]Section 72. “Compensation to person injured” omitted by the Canal and Drainage (Amendment) Act 2006 (XVII of 2006)[124]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the Government”.

[125]Ibid.[126]Substituted ibid., for “Local Government”.[127]The words, “subject to the control of the G.G., in C” repealed, by the Devolution Act 1920 (XXXVIII of 1920).[128]For such rules made under this power for various canals in the Punjab and the N.W.F.P. see Punjab Local Rules and Orders, and “Gazette of India”, 1907, Pt. II, p.1065; ibid., 1908, Pt. II, p.649.

[129]Inserted by the Amending Act, 1891 (XII of 1891).[130]Added by the Canal and Drainage (West Pakistan Amendment) Ordinance, 1965 (XXIII of 1965).[131]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[132]The words, “subject to the like control”, repealed by the Devolution Act 1920 (XXXVIII of 1920).[133]Substituted, the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the words “Local Official Gazette”.

RULES ISSUED UNDER CANAL AND DRAINAGE ACT, VIII OF 1873

[11th February, 1873]

1. Orders for construction and maintenance of works.- The order which a Divisional Canal Officer may issue under section 18 shall be in writing, and shall be served on the persons concerned or their representatives in the manner prescribed in rule 79-A to 79-I, inclusive.(Amended vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).

2. On objection, Procedure for Superintending Canal Officer.- (1)In case(s) falling under section 20, the Divisional Canal Officer shall announce his decision to the parties interested, and within 30 days from the date of such announcement any person aggrieved by such decision may file an objection thereto in writing before the Superintending Canal Officer. (2) The objection before the Superintending Canal Officer shall be dealt in accordance with the rules 80 to 102 specified for the appeals/references and the procedure as prescribed therein, provided further that notice of 15 days shall be given in case of hearing of the matter in objection. (Substituted vide Notification No.SO (REV) I&P/3-98/2007 dated 13th August 2007).

3. Omitted. (Vide Notification No.SO (REV) I&P/3-98/2007 dated 13th August 2007).

4. Opening of new water-courses:- Water shall not be admitted into any new water-course until all works necessary for the passage across such water-course, or water-courses, existing previous to its construction, and of the drainage intercepted by it and for affording proper communications across it, for the convenience of the neighboring lands, are completed to the satisfaction of the Divisional Canal Officer.

5. Rule 5 is omitted, and the following Note stands in its place:- “Water will be given to a village, and not to individual applicants,” Note: This rule is not required for the lower Jhelum Canal and for Chenab in inundation Canals it reads as below:- Application of water.--- all applications for water or for the constructions are improvement of water-course under Part-III of the Act, shall be in the form prescribed in appendix No.1.

6. Limit of length of water-courses:- Water shall not ordinarily be granted to lands where the length of the water-course from its head to its point of contact with the fields exceeds two miles.

7. Apprehended wastage:- A supply of water shall not be granted where, in the opinion of the Divisional Canal Officer, loss from wastage is likely to occur. From this decision an appeal may be preferred to the Superintending Canal Officer. 7-A Omitted (Vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).

8. Sanitary reasons.- The Divisional Canal Officer shall not engage to grant water in the following cases, viz:- (a). For the irrigation of any kharif crops upon lands within one mile from the outermost houses of any town, if such irrigation be objected to by the municipal committees (or, if there be no municipal committee, by the Collector), and the objection is approved by the Superintending Canal Officer and the City District Government of the District. Should these officers differ in opinion; the question will be referred to Government in the Irrigation Department, whose decision shall be final. (b). When the Provincial Government has, by a notification in the official Gazette, declared that the irrigation of certain crops within a specified distance from the boundary of a cantonment ought not, on sanitary ground, to be permitted, no engagement for a supply of water shall be made against the terms of such prohibition. (Amended vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007). 8A. (Omitted). 8B. Every supply of water shall be deemed to be given subject to the condition that the water shall not be used for the cultivation of any particular

kind of crop in any particular locality in which the use of canal water for that kind of crop has been prohibited by the Local Government on sanitary grounds by a notification in the official Gazette. When, however, the right to impose this prohibition is exercised in regard to existing cultivation, the occupiers shall be entitled to such compensation, if any, as the Provincial Government may think just.

9. Already cancelled I.B. Notification No.1199-R.L, dated 20th August 1928.

10. Filling of tanks for watering cattle.- Tanks may, subject to the following provisions, be filled with canal water without charge, and without reference to the area irrigated in any village, whenever water can be made available without injury to the cultivation dependent on any canal:- (1). Except as provided in rules 12 and 12 (A), no tank shall be so filled unless exclusively used for domestic purposes, for watering cattle or for the manufacture of bricks not subsequently burnt in a kiln, or for pise wall building. (2). The lambardar of a village, in which there are one or more tanks for which a supply of canal water is desired, shall submit an application to that effect to the Divisional or Sub- Divisional Canal Officer, in which the number, names and approximate general dimensions of the tanks for which water is desired shall be stated. The Sub-Divisional Canal Officer, on receipt of the application and after any further enquiries that he may deem necessary, shall pass an order stating the number and names of the tanks to which canal water may be supplied, whenever it can be made available without injury to the cultivation dependent on the canal, and subject to the following provisions. A written license in the terms of this order shall be given to the applicant, and shall remain in force until revoked by a written order of the Divisional Canal Officer. (3). Tanks shall be filled at such times as may be directed by the Divisional or Sub- Divisional Canal Officer either by a general or by a special order. If it is desired to fill a tank at any other time, a written application shall be made to that effect. The filling of tanks shall be permitted only at such times and to such extent as the Divisional or Sub-Divisional Canal Officer may approve. (4). No tank shall be so filled which by intercepting any line of drainage is liable to overflow from an accumulation of water derived from natural sources. (5). No tank shall be so filled when the water-course used to fill it, is in the opinion of the Sub-Divisional Canal Officer, in an unsound or unfit condition to carry the supply. (6). The privilege afforded by clause II of this rule may, in addition to any penalty which may be incurred under the Act, be suspended for twelve months for breach of any of the foregoing provisions under a written order of the Divisional Canal Officer passed on a regular proceeding and enquiry in each case. From such order an appeal shall lie to the Superintending Canal Officer. (7). In cases in which tanks have been filled without license prescribed in clause II, or during the suspension under clause VI of the privilege afforded by such licenses, or in which tanks for which licenses have been granted have been filled at times other than those prescribed by the Divisional or Sub-Divisional Canal Officer under clause III, the water so admitted into such tanks may be charged for at such rate, not exceeding the rate for the time being in force for water supplied in bulk as the Divisional Canal Officer may in each case direct. Against such charges an appeal shall lie to the Superintending Canal Officer.

10-A. Tanks outside the Irrigation boundary may also be filled with canal water for partly domestic purposes, on sanction by the Chief Engineer, under such conditions as may be laid down, in each case. (Rule 10-A applies to Rangpur and Haveli Canals).

11. Contracts:- The Divisional Canal Officer, with the previous sanction of the Superintending Canal Officer, is empowered to make contracts for the supply of canal water for purposes other than irrigation, not specified in schedule of rates, for any term not exceeding one year. For terms of exceeding one year the previous sanction of the Provincial Government shall be necessary.

12. Charges for water used for purposes other than irrigation.- Tanks may be filled with canal-water for purposes other than those stated in clause I of rule 10; such water will be charged for at rates and subject to conditions to be determined by the Provincial Government in each case.

12-A. Irrigation may also be carried on from tanks, provided the previous sanction of the Sub-Divisional Canal Officer be obtained. The usual rates will be charged for such irrigation.

13. Water supplied to cantonments, towns, etc. When water is supplied to forts or other military buildings, i.e. cantonments, civil stations, cities, towns, railways, public gardens or other places of public resort, either by filling of tanks or by direct flow contracts, at special rates, may be accepted by the Divisional Canal Officer with the previous sanction of the Provincial Government.

14. Water Power:- The use of water power may be granted by the Divisional Canal Officer at such rates and under such conditions as may be sanctioned by the Provincial Government in each case.

15. Tatils.- Divisional Canal Officers are empowered, for purposes of administration, repairs and maintenance, to order the closure of any water-course for periods which shall not extend beyond 12 consecutive days. For longer closures the authority of the Superintending Canal Officer is required.

15-A.-Divisional Canal Officers are empowered to order the closure of any water-course situated within municipal limits, for a period not exceeding twelve days on receipt of a written declaration by the Medical Officer of Health that the water-course is in such defective sanitary condition as to be a menace to public health. For longer closures the authority of the Superintending Canal Officer is required.

16. Orders for closures under rule 15 must be notified either:- (a). by a notification; (b). by a special order, Such notification or order shall be in writing under the hand of the Divisional Canal Officer, and a copy shall be conveyed by the Canal establishment with due expedition to each village concerned, and delivered to the Patwari, or, in his absence, to any Lambardar. The receipt of each person to whom a copy of the notification or order is delivered shall be affixed to a schedule prepared for the purpose, which shall be recorded in the Divisional Canal Office. It shall be the duty of the Patwari or Lambardar who receives the notification or

order above described to affix it at once in a conspicuous position in the village and to make its purport generally known.

17. Stoppage of supply in improperly maintained water-courses.- Stoppage of supply of water to any water-course under section 32(a)(2) may be enforced when a Canal Officer of rank not lower than Sub-Divisional Officer has satisfied himself, by personal inspection, that the water-course is not maintained in proper repair. The order for such stoppage shall be in writing under the hand of the Divisional Canal Officer, and an immediate report shall be made to the Superintending Canal Officer, and such officer’s order shall be final.

18. Report of closures:- Immediate report shall be made to Superintending Canal Officer of all closures under clause (1), section 32(a).

19. Nothing in the foregoing rules shall be taken to affect the power of a Canal Officer to close any water-course or stop any supply of water on his own authority in cases which he deems to be of pressing emergency.

20. Remissions.-(1).In case of shortage of supply in a distributary or part thereof, the shortage shall be examined by a Committee, in each Canal Division, comprising the following:-

i. Divisional Canal Officer Convener ii. Additional Collector of District Member iii. District Officer (Agriculture) Member (3) Where supply of irrigation water is found to be less than 25% of the authorized discharge, the whole of the occupier’s rate shall be remitted in the affected portion, and, in case the supply position is less than 50% but more than 25% of the said discharge, half of the occupier’s rate shall be remitted. (4) The Committee shall take decision regarding remission of occupier’s rate wherever called for in accordance with sub rule (2). (5) In case of shortage of supply in one or more canal systems, the state of supply shall be determined by a Provincial Committee comprising the following:- i. Secretary, Irrigation and Power Department Convener ii. Nominee of the Board of Revenue not below the rank of Secretary Member iii. Secretary, Agriculture Department Member

The Committee shall remit the occupier’s rate in the manner and to the extent mentioned in sub rule (2) (6) In case of calamities, such as hail, severe dust storms, floods, locusts, pests, war, etc. in a local area, recommendation for remission shall be made by the Committee mentioned in sub rule (1) above after such investigation as it may deem fit, and the remission shall be granted by the Committee mentioned in sub rule (4) above.(Substituted vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October 2003).

20-A. Who to be deemed “Occupiers”.- i. For the purposes of section 36 of the said Act, the following persons shall be deemed to be “occupiers,” namely:- a. Where the land-owner is in actual cultivating occupancy, such land-owner. b. Where the land is in the actual cultivating occupancy of a tenant or sub- tenant, and the rent is not paid through a contractor, the landlord, and such tenant or sub-tenant. c. Where the land is in the actual cultivating occupancy of a tenant or sub- tenant, but the rent is paid through a contractor, the landlord, the contractor, and such tenant and sub-tenant. d. Where the land is in the actual cultivating occupancy of a mortgagee holding from a landlord, tenant or sub-tenant, such mortgagee and

the mortgagor. ii. In the cases referred to in clauses (b) and (d) of clause I – a. the landlord and the tenant and sub-tenant, or b. the landlord, the contractor and the tenant or sub-tenant, or c. the mortgagee and mortgagor, as the case may be, shall be jointly and severally liable for the payment of the occupier’s rate. iii. The expressions “land-owner” “landlord” and “tenant” in this rule shall have the meanings respectively assigned to them in the Punjab Land Revenue Act, 1887 (XVII of 1887), and the Punjab Tenancy Act, 1887 (XVI of 1887).

21. Charges for water supply. The charges for the water supplied in the outlet shall be made on flat rate basis on the occupiers of land on the Culturable Command Area (CCA) forming the basis of sanction of the discharge of outlet, at the rates specified in the Schedule for the time being in force.(Substituted vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October 2003).

22. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).

22A. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).

23. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).

24. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).

25. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).

26. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).

27. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).

28. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).

29. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).

30. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).

31. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24 October, 2003).

32. Special Charges.- (1) Persons using water in an unauthorized manner, falling within the ambit of Section 33 of the Act or allowing the water to run to waste, falling within the ambit of Section 34 of the Act, shall be charged a rate up to twenty times the rate prescribed for the crop season in the Schedule of occupier’s rate on the land on which water is used in an unauthorized manner or allowed to run to waste, on each distinct and separate occasion, irrespective of the fact whether or not the area is within CCA or irrigation boundary of the system.

(2) In case of filling of tanks or ponds, the special charges shall be up to twenty times the rate sanctioned in the Schedule for the non-irrigation use. (Vide Notification No.SO(REV) I&P/3-98-2003 dated 24th October, 2003).

33. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October, 2003). 33A. Omitted.

34. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October, 2003).

34A. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October, 2003).

35. Schedule of rates to be accessible to villagers.- The patwari of every village irrigated by canal shall be furnished by the Divisional Canal Officer with a statement in Urdu, showing the rates of assessment per ordinary local and canal measurements, which statement shall be displayed in the chaupal or in a conspicuous position in a place of public resort. The Divisional Canal Officer shall ensure that the Schedule of occupier’s rate is given wide publicity through press, media etc. (Amended vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October, 2003). (Note: Add the words “of each class of produce” in between the words “assessment” and “per” for the Chenab inundation canals.)

36.Omitted.

37. Lambardar’s fee.- The allowance to Lambardars or other persons collecting water rates, shall be six per cent , on the amount collected on condition that full amount due has been paid for each estate within due dates as prescribed by the Revenue Department, and that the Lamberdar has performed his duty connected with the assessment such as personal attendance or deputation of a proper substitute at the time of performance of field work. Provided that it shall be at the discretion of the Collector or Divisional Canal Officer as the case may be, subject to take appeal allowed by Rule 76 to withhold the whole or part of the allowances prescribed in this rule in the event of the conditions not being complied with. (Vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).

38.[Cancelled]

39. Omitted. (Vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).

40.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

41.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

42.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

43.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

44.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

45.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

46.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

47.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

48.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

49.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

50.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

51.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

52.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

53.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

54.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

55.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

56.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

57.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

58.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

59.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

60.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

61.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

62.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

63.Omitted(Cancelled by Notification No.0529-J dated 27th August1894).

64. Omitted. (Vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).

65. Offences under Canal Act triable by Magistrates of the 2nd class.- The Governor -in- Council is pleased, under section 70 of the Act, to direct that charges or offences under that section shall be cognizable by a Magistrate of the 2nd class.

66. No person, without the permission in writing of the Divisional Canal Officer, shall pass, or shall cause any animal or vehicle to pass, on or across any of the roads, works, banks or channels of a canal, or drainage work, after he has been desired to desist there from, excepting upon such bridges, fords and ferries and their approaches, as are provided by the Divisional Canal Officer.

66-A. Every person in charge of a vessel navigating the ----(read here the name of river of the concerned canal such as Sutlej for Mailsi and Pakkpattan Canals, Jhelum for Upper and Lower Jhelum Canals) and wishing to pass the vessel across the canal works at (read here the name of the head of the concerned canal such as Rasul for Lower Jhelum canal, etc.) shall tie up the vessel at a point, if the vessel is proceeding downstream, at such point within the protection works as the Canal Officer may direct, and shall not permit the vessel to proceed further until he shall have obtained the special permission of Canal Officer in immediate charge of the canal works at ---- (name of head of the canal) for the vessel to proceed across the canal works. Such permission shall not be given until the person in charge has prepared his vessel for the passage by lowering masts, breaking up rafts, or doing such other things as

may, in the opinion of the Canal Officer, be required to put the vessel in a fit state to pass without damage to the canal.

67. Assessment and realization of occupier’s rates.- The amount demandable for occupier’s rate shall be determined and apportioned by the Divisional Canal Officer, and the Collector shall realize the sums due.

68. Khatauni to be accessible to villagers.- The Patwari is responsible that the village copy of the khatauni or demand statement is at all times accessible to any person who pays for canal water.

69. Preparation of bills of occupier’s Village-wise demand statement/ khatauni and distribution of bills to Lambardars.- After preparation/updating of record of occupiers, Canal Patwari shall prepare demand statement for each village and prepare bills of Abiana for each occupier. Khaatuni shall be prepared in triplicate and after prescribed mandatory checks in Zilladari Sections and Divisional Office, the original assessment statement (khatauni) shall be submitted in the concerned Tehsil office. One copy of the same will be kept by the Assessment Clerk in his office. One copy of khatauni will be handed over to the Lambardar of the village/chak in advance along with Abiana bills and his acknowledgement will be obtained. The Lambardar shall be responsible for distribution of Abiana bills to each occupier and obtain his dated signature/thumb impression of having received the Abiana bill. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).

70. Complaints against khasra entries (Section-75). If a cultivator desires to contest the correctness of the entries made against him in the demand statement, he may lodge a complaint with the Deputy Collector / Sub Divisional Canal Officer/Divisional Canal Officer or Zilladar within twenty-one days of the date on which the Occupier Bills were distributed, or if no Occupier Bill has been delivered either to him or to the Lambardar, within ten days of the date on which he first became acquainted with the claim against him. The complaints, received by the Deputy Collector / SDCO / DCO , shall be sent to the Zilladar , who shall enter them in Register and after investigation within 15 days of its receipt, submit his report to the Deputy Collector, who after satisfaction of the report of Zilladar, decide the claim promptly and communicate to the complainant. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).

71. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October 2003)

72. Omitted. (Vide Notification No.SO(REV)I&P/3-98-2003 dated 24th October 2003)

73. Provided for in rules 81 & 83.

74. Irrecoverable balances shall be dealt by the Collector according to the orders of the Provincial Government under intimation to the Divisional Canal Officer. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).

75.Omitted.

76. Appeal against retrenchment of fee.- An appeal against retrenchment of fee against Lambardar shall lie to the Superintending Canal Officer if fee has been retrenched by Divisional Canal Officer and to the Commissioner if retrenched by the Collector. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).

77. Receipts for water-rates.- Receipts shall be given by the Lambardar or other person making the collection to each occupier/cultivator on payment of occupier’s rate. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).

78. General Prohibition.- No person employed on a canal shall, without previous sanction obtained from the Divisional Canal Officer, have any interest in the distribution or use of water from the said canal, or purchase or bid for, any Government property sold thereon, either in his own name, or in the name of another, or jointly, or in shares with others.

79.(This rule was framed especially for the Dera Ghazi Khan district.)

79-A. Rules regulating the service of summonses and notices and the publication of notices, proclamations, etc… Every summons, notice, order, requisition and proclamation which, under the Canal and Drainage Act, 1873, or the rules there under, is required to be served on, or issued, delivered or communicated to any person or published for general information, shall be so served, issued, delivered, communicated or published (as the case may be ) as hereinafter provided.

79-B. Every such summons, notice, order, requisition and proclamation shall be drawn up in writing and dated and signed by the officer having authority to issue or make the same.

79-C. Every public notice or proclamation shall be issued or made by posting certified copies thereof; (a). at the office of the officer giving or making the same in such manner that such notice shall be accessible to the public; (b). at convenient places in the locality or near the residence of the persons affected thereby, and by beat of drum or oral proclamation or other customary method. (c). In addition to (a) & (b) above, it shall be mandatory to get the notice published at the expense of the applicant (s) in two daily Urdu newspapers having a good circulation in the locality. (Amended vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007)

79-D. Every summons, notice, order or requisition which is required to be served on or delivered or communicated to any person shall, whenever possible, be so served, delivered or communicated – (a). personally on or to the person to whom it is addressed, or failing him, (b). on or to his recognized agent, or failing such agent, (c). on an adult male member of his family usually residing with him.

79-E. If service, delivery or communication cannot be effected, or if acceptance of service, delivery or communication is refused, the summons, notice, order or requisition may be served, delivered or communicated by posting a copy thereof at the usual or last known place of residence of the person to whom it is addressed, and by getting the notice published at the expense of the applicant (s) in two daily Urdu newspapers having a good circulation in the locality. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007)

79-F. If the summons, notice, order or requisition relates to a case in which persons having the same interest are so numerous that personal service on each one of them is not reasonably practicable, it shall be published at the expense of the applicant (s) in two daily Urdu newspapers having a good circulation in the locality. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007)

79-G. A summons, notice, order or requisition may be served on or delivered or communicated to the person named therein, either in addition to, or in substitution for, any other mode of service by forwarding the summons, notice, order or requisition by post, in a registered letter addressed to that person.

79-H. When a summons, notice, order or requisition is so forwarded in a letter, and it is proved that the letter was properly addressed and registered, the officer, authorized to issue or make the same, may presume that the summons was served at the time when the letter be delivered in the ordinary course of post.

79-I. In every case in which service of any process is not affected personally, the officer authorized to issue the same shall satisfy himself, by examining the process-service or otherwise that such service has been duly affected in the manner required by these rules.

80. Interpretation.- In the following rules the expression “the Court” denotes the officer to whom in the particular case an appeal may be preferred under the provisions of the Act, or the rules made there under for the time being in force.

81. No appeal, except when expressly given.- No appeal shall lie from any decision or order given or made under any provision of the Act, or by the rules made thereunder and for the time being in force.

82. Period for appealing.- The period for presenting an appeal shall be thirty days unless any other period is expressly prescribed, and in the latter case the period so prescribed. Extension of time.- But any appeal may be admitted after the period prescribed when the appellant satisfies the court that he had sufficient cause for not presenting the appeal within such period. If the period prescribed expires on a day when the court is closed, the appeal may be presented on the day that the court reopens.

83. Calculation of period.- The period prescribed shall be calculated from the date of communication of the decision or order appealed from, and in computing such period, the day when the decision or order is communicated and the time requisite for obtaining a copy of the decision or order appealed against, shall be excluded.

84. Form of appeal.- The application for admission of an appeal be stamped in accordance with the law in force relating to court-fees, and shall be accompanied by a copy of the decision or order appealed against and shall state concisely the grounds upon which the appeal is preferred.

85. When appeal may be summarily rejected.- The application may be rejected, if upon a perusal of the grounds of appeal and a copy of the decision or order appealed against, it appears to the court unnecessary to call for the proceedings.

86. Procedure on admission of appeal.- If the application be granted, an entry thereof shall be made in a register of appeals numbered consecutively, and a day shall be fixed for the hearing of the appeal.

87. Notice of hearing to be given.- Notice of the date and place fixed for the hearing of the appeal shall be given to the appellant in such manner as the Court may direct, and to every other party to the case whose interest is opposed to that of a the appellant in the manner hereinafter prescribed.

88. Contents of notice.- A written notice containing the title of the court, the names of the parties, the date and place fixed for the hearing of the appeal, and such other particulars as the court may, by general or special order direct, shall be issued, in duplicate under the hand and seal of the Court.

89. Mode of service.- All notices and processes issued in connection with appeals shall be served in the manner prescribed by rules 79-A to 79-I in connection with the service of summonses and notices generally.

90. Acknowledgment of personal service.- When personal service is affected, the addressee shall be required to acknowledge the service by affixing his signature, seal or mark on the back of the duplicate copy to be retained by the serving officer.

91. Memorandum by serving officer.- The serving officer shall in every case endorse on the duplicate copy of a memo, signed by him of the date and mode of service, and return such copy to the court which issued it.

92. Cost of service.- The cost of serving any notice shall be borne in the first instance by the party appellant, and shall be paid to the proper officer of the court before such notice is issued. The charge made for service shall be in accordance with the lowest civil process scale for the time being in force.

93. Hearing may be postponed or adjourned.- The hearing of an appeal may be postponed or adjourned from time to time, as the court may see fit by written order to direct, to any subsequent date, and notice of such date shall be given to the parties in such manner as the court may direct.

94. Attendance or representation of parties not essential.- The attendance of the parties, in person or by representative, shall not be necessary at the hearing of any petition of appeal, or of any appeal, but any party so attending shall be entitled to be heard.

95. Court to be satisfied before hearing that notice has been received by parties.- The court shall not proceed to the hearing of any appeal unless and until it is satisfied that notice of the date and place fixed for such hearing has been received by the parties concerned in sufficient

time to permit them to appear or to be represented at such hearing. Provided that the court may presume that notice has been received when a written notice has been served in any of the ways described in rule 89 above. Provided also, that an appeal may be heard and decided, notwithstanding the absence of any party who is shown to the satisfaction of the Court to be willfully evading service of notice.

96. Procedure on hearing.- (a). The court before passing its order or decision on the appeal, shall record in writing which (if any) of the parties to the appeal are present, in person or by representative, at the hearing thereof. (b). The court, if it thinks further enquiry necessary, may conduct such enquiry itself, and in such case shall be deemed to be an officer with the powers described in section 69 of the Act. (c). When the hearing of the appeal is concluded, the decision or order of the court shall, when practicable, be pronounced forthwith and shall be recorded in writing signed by the court, and the substance thereof shall be explained to such of the parties or their representatives as are present when the decision or order is passed or given. (d). Every decision or order recorded in English shall be translated into Urdu, and the translation shall be authenticated by the signature of the court and filed with the proceedings.

97. Copy thereof to be sent to Subordinate Officer.- A copy of the decision or order shall be transmitted by the court to the officer from whose decision or order the appeal was preferred.

98. Copies be granted to parties.- A copy of the decision or order of the court, in English or Urdu, shall be granted to any person concerned or interested therein, who shall apply for the same, upon payment of the court fees and copying charges.

99. Of re-hearing in certain events.- If any party against whom an order or decision is made or given upon an appeal heard in his absence shall, within thirty days from the date of such order or decision, satisfy the court that he had received no notice of the time and place fixed for the hearing thereof; or had not received such notice in sufficient time to permit him to appear, and that he did not willfully evade, service thereof, the court may pass an order, if it thinks such order requisite for the ends of justice (and not otherwise), upon such terms as appear just, setting aside its previous decision or order, and grant a re-hearing, which shall be subject to the same rules as the hearing of an appeal.

100. Cancelled by I.B. Notification No.3400 Rev.dated 23rd February 1938.

101. Cancelled by I.B. Notification No.3400 Rev.dated 23rd February 1938.

102. Finality of orders and decisions of Appellate Court.- Except as provided in the three last preceding rules, or, as may be otherwise expressly provided in the rules for the time being in force, the order or decision passed upon any appeal shall be final.

103. Scope of rules.- Nothing contained in the foregoing rules applies to the hearing of an appeal from any decision or order in a criminal case under the Act.

104. Omitted by Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007

105. Omitted by Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007

106. Papers relating to proceedings before the competent Authority deciding the matter of warabandi, his orders on the case, and the statement of warabandi sanctioned by him under Section 68, shall be open to inspection by persons interested therein or their Counsel as the case may be. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).

107. Inspection of the general files containing record of executive proceedings including reports by the officers or the competent Authority deciding the matter of warabandi is not permitted. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).

108. The inspection of pending as well as of the decided cases is subject to the control of the competent Authority empowered for deciding the matter of warabandi. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007)

109. The application for inspection of these records shall be made in writing to the competent Authority empowered for deciding the matter of warabandi and shall distinctly specify the records, inspection of which is desired. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007)

110. The application for inspection of records shall bear Rs.10/- court fee stamp in addition to the amount of inspection fee specified hereinafter.(Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007)

111. The inspection fee shall be Rs.10/- for each hour or part of an hour ordinary and Rs.20/- for each hour or part of an hour for urgent inspection on the date of hearing. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007)

112. The fee shall be paid in Court fee stamp or stamps affixed to the original application before the file is handed over to the applicant. The stamp or stamps affixed to the application shall be punched and cancelled immediately on receipt of application.

113. If more time than is covered by the fee is taken in the inspection the balance shall be paid at the close of the inspection by affixing the additional fee stamps to the application.

114. A separate application shall be made and a separate fee paid for each record, the inspection of which is desired, unless the records are so closely connected, in the opinion of the competent Authority empowered for deciding the matter of warabandi they may be regarded as one, in which case one application and one fee shall suffice. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007).

115. The inspection of the record shall be made at such time, in such a place and in the presence of such officials as the competent Authority empowered for deciding the matter of warabandi may direct. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007)

116. No mark shall be made on any record or paper inspected. The copy of any document or portion of the record in pen and ink is strictly prohibited, but pencil note from the record may be made by the counsel.

117. A separate register shall be maintained in the concerned office of the competent Authority empowered for deciding the matter of warabandi for all applications received for inspection of the warabandi file and the fees paid for their inspection. (Substituted vide Notification No.SO(REV)I&P/3-98/2007 dated 13th August 2007)