Chandigarh act 021 of 1954 : The PUNJAB STATE TUBE-WELL ACT, 1954

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1984: Ph, Act XXI] STATE TURRAWELE 7 THE PUNJAB STATE TUBE-WELL ACT, 1984.

TABLE OF CONTENTS

Short title, extent and commencement, Definitions.

Application of the Act.

Application of Act VIIT of 1873 to State Tube-well.

1

1954 : Pb. Act XXIT] STATE TUBE-WELL 319 ITHE PUNJAB STATE TUBE-WELL ACT, 1954,

PUNJAB ACT XXI OF 1954,

[Received the assent of the Governor of Punjab on the 10th May, 1954 ; and first published in the Punjab Government Gazette (Extraordinary) of 15th May, 1954.]

Year | No. Short title Whether affected by later legislation ow — -

1954 | XXI | The Punjab State Extended tothe territories which, i mmedia-

Tube-well Act, 1954} tely before the lst November, 1956, were comprised in the Stateof Patiala and East

Pune States Union by Punjab Act No. 5 a

of 1957.3

Amended by the Punjab Reorganisation

(Chandigarh) (Adaptation of Laws on State

and Concurrent Subjects) Order, 1968.

An Act to provide for the constructon, improvement and maintenance of State Tube-well Irrigation Works in Punjab.

It is hereby enacted as follows :—

1. (1) This Act may be called the Punjab State Short wh. ve and commence- Tube-well Act, 1954. ment.

(2) It extends to such local areas in [Union Terr itory

of Chandigarh] as the Government may from time to

time by notification in the official Gazette direct. he

(3) It shall come into force on such date as t

Government may by notificati on in the official Gazette irect.

— ae

1For Statement of Objects and Reasons, see Punjab Governme traordinary), 1954, page 144.

4For Statement of Objects and Re

asons, see Punjab Government G

azette (Ex-

traordinary), 1957, page 339.

|

nisation (Chandigarh)

i jab"?

jab Reorga

*Substitutedfor the word'*Punjab"' by t

he Punj b

(Adaptation of Laws a State and Concurr

ent Subjects) Order, 1968.

-_ eee

nt Gazette (Ex-

2

Application of the Act.

"=

320 STATE TURR-WRLL [1954 ; Ph. Act ' i Xj Definitions 2. In this Act, unless there be something repy in the subject or context :— BNany

(a) "Government" means the [Centr al Go ment]; Vern.

(4) "Prescribed" means Prescribed by rules ip under this Act; ade

(c) "State Tube-well"' means a tube-we]] hither constructed, maintained OF Controlled Mo : OF w Ich may be hereafie: Constructed, Maintaineg controlled by the Government, and include all mechanical and electrical appliances, tole and structures appertaining to. it and necessa for the abstraction of water from it : 'y

(d) "Tube-well" means any device for lifting wate, . from below the surface of the fround by mecha. nical means operated otherwise than by human or animal power

(e) "Underground Water" means water under the Surface of earth regardless of the £eologic Structure in which it is Standing or moving, but it does not include water flowing in artificjal underground streams. ., 3 The Government may by notification in the Officia] Gazette, declare that any tract of land is a lract 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 thereof. Application of Act VIII of 1873 4. In respect of any State Tube-well the provisions Opiate Tube. of the Northern India Canal and Drainage Act, 1873 (VIIT of 1873) (hereinafter referred to as the said. Act) shall be deemed to apply in like manner as if such State ube-wells Were a Canal within the meaning of the Said Act, except the provisions of section 1, clause (4) ection 3, section 5, and Parts VI and VEIT of the eat Cl?

ED-r o

1Substituted for the words "'State Government?' by the Punjab. Reorganisaly

andigarh) (Adaptation of Laws on State and Concurrent Subjects) Order,

3

ovided

195

caid Acts

(1)

(2)

(3)

4: Pb. Act XX1] STATE T UBE-*WELL 421

that for the purpose of such applicati ) ' é catt hall be subject to the following en fan gas In section 6 of the said Act for the words 'so

named" the words ''named in a

notification

under section 3 of the Punjab S

tate Tube-well

Act, 1954" shall be decmed to be subs tituted

and for the words 'such appli

cation or use

of the said water" the words "the

application

oruse of underground water for t

he purpose of

a State Tube-well'' shall be de

emed to be sub-

siituted.

In section 8 of the said Act c

lauses (a) and (c)

and the reference there

to in clause (i), shall

be deemed to be omitte

d, in clause (g) for the

words "through any natur

al channel which

has been used for purp

oses of irrigation" the

words "In any well which has

been used" shall

be deemed to be substitut

ed and in the last para-

graph for the words and

brackets "clause (a),

(b) and (c)"" {he word and brackets 'clause (b)"

shall be deemed to be 'substituted.

In section 32 of the said Act :—:

(i) in sub-clause (J) of clau se (a) the words ''and

(ii) clause (d) shall be deemed to be

0

(4) In section 68 of us sanction of the Central

with the previo hall be deemed to be

Government" 5

omitted.

mitted.

the said Act, for words

"Such Officer sha ll thereupon give notice"

the words "On rece ipt of such applica tion OF

f the Divisional Cahal

when in the opimi on 0

Officer any such difference 18 like ly to arise

he shall give noti ce" shall be deem ed to be

substituted. 0 of the said Act, 5 section 7

(5) In clause (2) of e const ruction of a

the words « exce

pt by th

tube-well"' shal

l be deemed t

o be inserted b

e-

«interferes", and clause (0) to fore the word "In hall be deemed to

(9) of the said section sha omitted-

A

4

SECTIONS