Uttar Pradesh act 012 of 1936 : The U.P.State Tube-Wells Act ,1930

Section 1.Short title, extent and commencement

(1) This Act may be called the United Provinces State Tube-wells Act, 1936.

(2) [***]¹ it extends² to whole of ³[Uttar Pradesh] [*****]⁴

(3) ⁵[It shall come into force at once]

1. Omit, by s. 2(1) of U. P. Act IV of 1954.(w.e.f.02-03-1954)
2. This Act, has been extended to the areas mentioned in column 1 of this table under the Act or Order mentioned in column 2 and enforced in such areas under notification, if any, mentioned in column 3 with effect from the date mentioned in column 4 against each such area :(noted- for table, see footnote no.4 on page 2 of this act )
3. Subs by the A. 0. 1950 for (the United Provinces).
4. The words (of Agra and Oudh) omit by ibid.
5. Subs, by s. 2(2) of U.P. Act 4 of 1954. (w.e.f. 02-03-1954)

Section 2.Definitions

In this Act unless there be something repugnant in the subject or context

(1) "tube-well" means any tube-well from which water is lifted by means of a pump operated otherwise than by human or animal power;

(2) "State tube-well" means a tube-well constructed, maintained or controlled by the [State Government]¹ and includes all mechanical and electrical appliances, tools and structures appertaining to it and necessary for the abstraction of water from it ;

(3) "Tube-well Officer" means an officer appointed under section 4 to exercise control or jurisdiction over one or more State Tube-wells;

"Superintending Engineer" means a Tube-well Officer exercising general control over circle comprising one or more tubewell divisions ;

"Divisional Officer" means Tube-well Officer exercising control over a division comprising one or more tube-well sub-divisions;

"Sub-Divisional Officer" means a Tube-well Officer exercising control over a group of State tube-wells situated with in an area designated a tube-well sub-division.

1. Subs. by the A.. 0. 1950 for (Provl. Govt.)

Section 3.Omission of Section 3

[*******]¹

1. Omit by sec 3 of U.P.Act 4 of 1954(w.e.f. 02-03-1954)

Section 4.Appointment of tube-well officers

The ¹[State Government] may from time to time appoint officers to exercise or perform within such local limits as it may direct all or any of the powers and duties conferred or imposed on Tube-well Officers by the Northern India Canal and Drainage Act, 1873, in its application to State Tube-wells as hereinafter provided.

1. Subs. by the A.. 0. 1950 for (Provl. Govt.),

Section 5.United Provinces Act I of 1920 not to apply to State tube-wells

The provisions of the United Provinces Minor Irrigation Works, Act, 1920, shall not apply to State Tube-wells.

Section 6.Application of Act VIII of 1873 to State tube-well

In respect of any State Tube-well the provisions of the Northern India Canal and Drainage Act, 1873, except the provisions of section 1, clauses (4) and (7) of section 3, section 4, section 5 and Parts VI and VII of the said Act, shall be deemed to apply in like manner as if such State Tube-wells were a canal within the meaning of the said Act :

Provided that in the application of the said Act every reference therein to a "Canal Officer" (except in section 27 of said Act) a "Superintending Canal Officer", a "Divisional Canal Officer" or a "Sub-Divisional Canal Officer" shall be deemed to be a reference to a "Tube-well Officer" a "Superintending Engineer", a "Divisional Officer" or a "Sub-Divisional Officer" respectively :

Provided further that for the purpose of such application the said Act shall be subject to the modification indicated in the Schedule.

Section 7.Power to construct under ground pipe lines etc.

¹[ Any Tube-well Officer or other person acting under the general or special order of a Tube-well Officer may, from time to time-

(a) place, dig, examine, repair, alter, maintain or remove a tube-well pipe line (Including inter-sump, pipe stand, value chamber and outlet) Tube-well Kachagul, barha and earthen borrow pits, under, over, along, across, in or upon any immovable property and may, open or break-up the soil and,

(b) for any such purpose enter upon such property at any time.]

1. Ins by sec 2 of U.P.Act no 21 of 1980(w.e.f. 25-10-1980)

Section 8.Notice to owner or occupier of land

¹[(1) No such work, as is referred to in Section 7, shall be executed unless not less than forty-eight hours' notice in writing before the commencement of work is given to the owner or occupier of the property and such owner or occupier shall have the right to be present during the execution of the work.

(2) Where any person, in exercise of the powers under this Act, opens or breaks up the soil of any land, he shall with all reasonable speed, fill in the ground and reinstate and make good the soil opened or broken up.

(3) A Tube-well Officer shall cause as little damage as possible to any property for the purpose of executing any work under this Act and shall in the prescribed manner, pay to the owner or occupier of such property compensation for any damage sustained by him. ]

1. Ins by sec 2 of U.P.Act no 21 of 1980(w.e.f. 25-10-1980)

Section 9.Power to make rules

¹[The State Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act.]

1. Ins by sec 2 of U.P.Act no 21 of 1980(w.e.f. 25-10-1980)