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ORDINANCE, 2002
   
MISCELLANEOUS

104. Rules –

1) Government may make rules for carrying out the purposes of this Ordinance following the advice of the Regulatory Authority.

2) Subject to this Ordinance and the rules, the Regulatory Authority, the SIDA, AWBs and FOs may make regulations in their respective fields for carrying out the purposes of this Ordinance, provided that the regulations made by the SIDA, AWB and FO shall subject to the approval of the Regulatory Authority

105. Transfer of Powers

The powers conferred on Canal Officers under the Sindh Irrigation Act 1879 and the Financial Delegation of Powers Rules 1962, relating to Infrastructure, Water Management, Flood Protection and Finances, shall be exercised by the SIDA and the AWBs in their respective areas of jurisdiction.

106. Status of Officers and staff of Bodies under this Ordinance

The Chairman, Members of the Board, officers and employees of the Regulating Authority, SIDA, AWB, FO and other bodies constituted under this ordinance shall, when acting or purporting to act in pursuance of any of the  provisions of this Ordinance, be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code.

107. Conflicts and Inconsistencies

In case of any conflict or inconsistency between any provision(s) of this Ordinance and any other law (s), the provisions of this Ordinance to the extent of such conflict or inconsistency, as the case may be, shall prevail.

108. Bar of jurisdiction

Save as expressly provided in this Ordinance, no Civil or Revenue Court or any other Authority shall have jurisdiction –

i. to question the legality of anything done under this Ordinance by the Regulating Authority, the SIDA, the AWBs or the FOs; or

ii.  in respect of any matter which the SIDA, the AWBs or the FOs is empowered by or under this Ordinance to determine; or

iii. to grant an injunction or any order in relation to any proceeding or anything done or intended to be done in good faith under this Ordinance.

109. Validity of proceedings –

No act, proceeding, resolution or decision of any Body under this Ordinance shall be invalid by reason only of any vacancy or defect in the constitution of, or the appointment or nomination or election of any member of that Body.

110. Repeal of Sindh Irrigation and Drainage Act 1997 –

The Sindh Irrigation and Drainage Authority Act, 1997, and the Sindh Irrigation Water Users' Association Ordinance, 1982, are hereby repealed.

 

Karachi,                                                                       (MOHAMMED MIAN SOOMRO) 

Dated: 26 October 2002                                                     GOVERNOR OF SINDH

  Preliminary
  The Sindh Irrigation & Drainage Authority
  AREA WATER BOARDS
  FARMERS' ORGANISATIONS
  WaterCourse Association
  Drainage Beneficiaries' Groups
  R.A.O.I.D.A.F.P
  THE TRANSITION
  COUNCILS
  OFFENCES AND PENALTIES
  MISCELLANEOUS

 

 

 
   
   
   
   

 

 
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