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ORDINANCE, 2002
   

REGULATORY AUTHORITY OF IRRIGATION, DRAINAGE AND FLOOD PROTECTION

a. persons authorised to take water from any source specified in the order subject to any conditions or restrictions so specified; and

b. persons authorised to discharge water to any place specified in the order subject to any conditions or restrictions so specified.

3)  An order made under this section on the application of SIDA or an AWB or a FO may contain any of the following provisions: -

a. a provision authorising the SIDA, AWB or FO to take water from any source specified in the order subject to any conditions or restrictions so specified;

b. a provision authorising the SIDA, AWB or FO to prohibit or limit the use of water For any purpose specified in the order;

c. a provision authorising the SIDA, AWB or FO to discharge water to any place specified in the order subject to any conditions or restrictions so specified;

d. a provision prohibiting or limiting the taking by any person of water from a source specified in the order if the Regulator is satisfied that the taking of water from that source seriously affects the supplies available to the SIDA, AWB or FO; and

e. a provision suspending or modifying, subject to any conditions specified in the order, any restriction or obligation to which the SIDA, AWB or FO or other person is subject.

79. Powers in respect of waste, undue consumption and misuse of water –

1) The Regulatory Authority may prescribe circumstances in which SIDA, an AWB or FO may -

a. enter any premises for the purpose of carrying out works and taking other steps, for remedying that waste, undue consumption and misuse;

b. carry out said works and other steps; and

c. recover expenses so incurred.

2) Any person aggrieved by an order passed or decision taken by the Regulatory Authority either in it's original jurisdiction or an appellate Authority under the provision of this Ordinance or Regulations may prefer appeal to the Governor of Sindh within 30 days of the passing of the order and the decision in appeal shall be final and shall not be called in question in any Court of law.

80. Powers to enforce regulations –

1)  Where the Regulatory Authority has cause to believe that the SIDA, an AWB or an

 FO is contravening any provision of its own regulations, it may serve a show cause notice and after hearing if he is satisfied that there is violation of any of the provisions of this Ordinance or regulations may serve a provisional enforcement notice on the SIDA, the AWB or FO concerned to secure compliance with the said provisions.

2)  Where a provisional enforcement notice has been served on the SIDA, an AWB or an FO and the said SIDA, AWB or FO has failed to comply with the provisional enforcement notice by the deadline contained in the provisional enforcement notice, the Regulatory Authority shall serve a final notice, confirming the provisional notice with or without modifications.

3)   Where the said SIDA, AWB or FO fails to comply with a final enforcement notice the      Regulatory Authority may -

a. quash the proceedings;

b. suspend the execution of any resolution passed or order made by the SIDA, AWB or FO;

c. prohibit the doing of any thing proposed to be done;

d. require SIDA, AWB or FO to take such action as may be specified in the final notice

Pages 1 2 3 4 5 6 7 8
  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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