1[THE PUNJAB STATE TUBEWELL ACT, 1954 ]

( Punjab Act 21 of 1954.)

Contents

SN

Subject

1.       

Short title, extent and  commencement

2.       

Definitions

3.       

Application of the Act

4.       

Application of Act VIII of 1873

 

1[THE PUNJAB STATE TUBEWELL ACT, 1954 ]

( Punjab Act 21 of 1954.)

 

 

[ Received the assent of the Governor of Punjab on the 10th May,1954, and was first published in the Punjab Government Gazette   Extraordinary, dated the 15th,May 1954]

 

No.

 

Year

Short Title

Whether repealed or otherwise affected by legislation.

 

21

 

1954

 

The Punjab State Tubewell Act, 1974.

 

 

Extended to the territories  which immediately before the Ist November,1956, were comprised in the State of Patiala and East Punjab States Union by Punjab, Act No.5 of 1957

Amd, Punjab Act No.5 of 19742.

 

An Act to provide for the construction improvement and maintenance pppof State Tubewell  Irrigation works in Punjab .

 

Short,title extent and  commencement

 
It is hereby enacted as follows:

 

1.   Short title,extent and  commencement - (1) This Act may be called the Punjab State Tubewell Act 1954.

(2)         It extends to such local areas in Punjab as the Government may from time to time by notification direct.

(3)         It shall come into force on such date as the Government  by notification in the  official  Gazette  direct.

 

2.                 

Definitions

 
Definitions – In this Act, Unless there is something repugnant to the subject or context:-

3(a) “Corporation” means Punjab State Tube well  Corporation Limited:

 

1For statement of Objects and Reasons , see Punjab Government Gazette Extraordinary, dated the 9th March, 1954. P. 172.

 

2For statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1974 P. 454.

 

3Added by Punjab Act No. 3 of 1974.

                       

(aa) “Government “ means the State Government of Punjab

(b)  “Prescribed” means Prescribed by rules made under this  Act;

(c)    “State Tube-Well “ means a tube well hereto constructed, maintained or controlled or which may be here after constructed, maintained or controlled by the Government 1(or the Corporation ) and includes all mechanical   and electrical appliances, tools and structures appertaining to it and necessary for the abstraction of water from it;

(d) “Tube Well “ means any device for lifting water from below the surface of  the ground by mechanical means operated otherwise than by human or animal power:   

(e)    “Underground water “ means water under the surface of the earth regardless of the geologic structure in which it is standing or moving ,but it does not include water flowing in artificial underground streams.

 

3.         Application of the Act—The Government may, by  notification in the official Gazette, declare that any tract  of land is a tract to which this Act will apply with effect from a day to be named in the notification, not being earlier than  three months from the date of thereof.

 

4.                  Application of Act VIII of 1873- In respect of any State Tubey Well of the provisions of the Northern India Canal and Drainage Act, 1873 (VIII of 1873) (hereinafter referred to as the said Act), shall be deemed to apply in like manner as if such State Tube Wells were a canal within the meaning of the said    Act, except the provisions of section  I, clause  (4) of section 3, section 5 and Parts VI and VIII of the said Act:

             Provided that for the purpose of such application the said  Act shall be subject to the following modification :

 

1(1) For the purpose of  Tube wells constructed , maintained, or controlled by the Corporation the officers of the Corporation holding such offices as correspond to the offices mentioned in clause (7) of section 3 of the said Act shall exercise the same powers as are exercisable by the officers of the State Government holding  corresponding offices in respect of the tube wells constructed, maintained  or controlled by the Government and they shall be deemed to  have been appointed as Canal Officers within the meaning of the aforesaid clause (7).

1Subsituted for the word “the Government” by Punjab Act No. 3 of 1974.

     

(1-A) In section 6 of the said Act , for the words “so named “ the words and figures “named” in a notification under section of Punjab State Tube well Act 1954” for the words “State Government” the world “State Government” or the Corporation, as the case may be”  and for the words “such application or use of the said water” the words “the application or use of the underground water for the purpose of  a  State Tube-well” shall be deemed to be substituted, respectively”; and

(2)               In section 8 of the said Act clauses (a) and (c) and the reference thereto in clause (I)shall be deemed to be omitted in clause (g) for the words “through  any natural channel which has been used for purposes of irrigation” the words “in any well which has been used” shall be deemed to be substituted and in the last paragraph for the words and brackets, ”Clauses  (a),(b) and (c)”  the word and brackets “clause(b)” shall be deemed to be substituted.

(3)                In section 32 of the said Act:

(i)         in sub –clause (1) of clause (a), the words “and with the previous sanction of the State Government” shall be deemed to be omitted.

(ii)        Clause (b) shall be deemed to be omitted.

 

1Added by Punjab Act No. 3 of 1974

 

(3-A)   for section 36 of the said Act, the following section shall be deemed to be substituted, namely:-

 

“36.   The supply of water from a state Tube-well shall be charged at such rate (to be called “ the occupier’s rate”) per unit of electricity consumed  for such supply as the State Government may, from time to time, by notification, fix and different rate may be fixed in relation to supply of water from the tube-wells constructed, maintained or controlled by the Corporation: wells constructed, maintained or controlled by the Corporation such rate shall be fixed after consultation with the Corporation.”

           

Provided that in the case of tube-wells constructed , maintained or controlled by the Corporation such rate shall be fixed after consultation with the Corporation.

 

5.      In section 68 of the said Act, for the words “Such Officer shall thereupon give notice” the words “on receipt of such application or when in the opinion of the Divisional Canal  Officer any such difference is likely to arise he shall give notice” shall be deemed to be substituted.

 

6.     In clause (2) of section 70 of the said Act, the words “except by the construction of a tube-well” shall be deemed to be inserted before the word  “interferes” and clauses (6) to (9) of the said section shall be deemed to be omitted.

 

Section 4 of the Punjab Act No. 3 of 1974 is reproduced below:-

4.     Notwithstanding anything contained in any jedgment, decree or order of any court or other authority to the contrary, the rate:-

(i)                 sixteen paise per unit of electricity consumed as prescribed by Punjab Government Irrigation and Power Departments notification No. 17999-Irr.& EL (57*63/20942, dated the 11th October, 1963, read with aforesaid Department notification NO. 8280-51&E 64, dated the 17th April, 1964, for the period commencing from Ist April, 1963, and ending with 15th October, 1963. 

(ii)               twenty- five paise per unit of electricity consumed as prescribed by Punjab Government, Irrigation and power Department notification No. 11788 IW&EL (6)-68/28248, dated the 5th/6th December, 1968, for the period commencing from  7th December, 1968, and ending with 31st  March, 1970.and

(iii)             seventeen paise per unit of electricity consumed as prescribed by Punjab Government, Irrigation and Power Department Notification No. 1076-IW&EL  (WC)  (6)-70/13974, dated the 29th June, 1970, for the period commencing from 1st  April, 1970.

for the supply of water  from the tube-wells constructed, maintained or controlled by the Government shall be deemed to have been  prescribed in accordance with law and the aforesaid rates shall be deemed to be, and to have been, the actual occupier’s rates fixed under section 36 as substituted by clause  (ii) of section 3 of the Punjab State Tube-Well (Amendment) Act, 1974, and accordingly,-

(a)               all Act proceedings or things done or action taken by the State Government or any officer

of the State Government or by any other authority in connection with the levy of or collection of charges at the aforesaid rates shall, for all purposes, be deemed to be, and to have always been done or taken in accordance with law;

(b)               no suit or other proceedings shall be maintained or continued in any court or before any authority for the refund of any such charges; and

(c)                no court shall enforce any decree or order directing the refund of any such charges.

1 Added by Punjab Act No. 3 of 1974.