THE UNITED PROVINCES STATE TUBE-WELLS ACT, 19361

1936 · State unknown · central · act_text

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Sections (21)

1 · . For Statement of Objects and Reasons please see Gazette Extraordinary, dated Oct. 17, 1936.

2 · . See Gaz. 1937. Pt. VII, pp. 7-8.

3 · . Omit. by sec. 2 (1) of U. P. Act IV of 1954.

4 · . This Act has been extended to the areas mentioned in column 1 of this table under the Act or Order mentioned in column 2 and enforced in such areas under notification, if any, mentioned in column 3 with effect from the date mentioned in column 4 against each such area ;

5 · . Subs. by the A. O. 1950 for [the United Provinces].

6 · . The words (of Agra and Oudh) omit by ibid .

7 · . Subs. by sec. 2 (2) of U. P. Act IV of 1954.

2 · In this Act unless there be something repugnant in the subject or context,—

4 · 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.

5 · The provisions of the United Provinces Minor Irrigation Works, Act, 19203, shall not apply to State Tube-wells.

6 · In respect of any State Tube-well the provisions of the Northern India Canal and Drainage Act, 1973, 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 :

1 · . Subs. by the A. O. 1950 for (Prov. Govt.).

2 · . Omit. by sec. 3 of U. P. Act no. IV of 1954.

3 · . Ins. by sec. 4 of U.P. Act no. IV of 1954.

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

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

2 · [ 1. In section 6 of the said Act for the words "day so named", the words "commencement of the U. P. State Tube -wells Act, 1936" shall be deemed to be substituted and for the words "such application or use of the said water" the words "the application or use of underground water for the purpose of a State Tube-well" shall be deemed to be substituted. ]

1 · . Ins. by sec. 2 of U. P. Act no. 21 of 1980.

2 · . Subs. by sec. 4 of U. P. Act IV of 1954.

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 expression, "clauses (a), (b) and (c)" the expression "clause (b)" shall be deemed to be substituted. 3. In section 27 of the said Act for the words "Canal Officer" the words "Divisional Officer" shall be deemed to be substituted. 4. (1) In sub-clause (1) of clause (a) of section 32 of the said Act the words "and with the previous sanction of the 1 [State Government]" shall be deemed to be omitted. (2) Clause (d) of section 32 of the said Act shall be deemed to be omitted. 5. In section 68, for the words "such officer shall thereupon give notice" the words "on receipt of such application or when in the opinion of Divisional officer such difference is likely to arise he shall give notice" shall be deemed to be substituted. 6. In clause (2) of section 70 the words "except by the construction of tube -well" shall be deemed to be inserted before the words "interferes" and clauses (6) to (9) of the said section shall be deemed to be omitted.

1 · . Subs. by the A. O. 1950 for the words (Prov. Govt.) which had been subs. for [L. G.] by the A. O. 1937.

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