Punjab Irrigation and Drainage Authority Act, 1997
(Pb. Act XI of 1997)
An Act to provide for the establishment of
Irrigation and Drainage Authority.
Preamble.— Whereas it is
expedient to establish the Punjab Irrigation and Drainage Authority to
implement the strategy of the Government of Punjab for streamlining the
Irrigation and Drainage System; to replace the existing administrative setup
and procedures with more responsive, efficient and transparent arrangements;
to achieve economical and effective operation and maintenance of the
irrigation, drainage and flood control system in the Province; to make the
irrigation and drainage network sustainable on a long-term basis and
introduce participation of beneficiaries in the operation and management
It is hereby enacted as
1. Short title and commencement.—
(1) This Act may be called the Punjab Irrigation and Drainage Authority Act,
(2) It shall come into
force at once.
2. Constitution of the Authority.—
(1) There shall be established an Authority to be known as the Punjab
Irrigation and Drainage Authority.
(2) The Authority shall be
a body corporate having perpetual succession and a common seal with power to
acquire, hold and dispose of property and shall by the said name sue and be
3. Composition of the Authority.—
(1) The Authority shall consist of such number of members as may be notified
by the Government.
(2) The Minister for
Irrigation and Power shall be the Chairman of the Authority.
(3) Not less than six members shall be farmers and the
number of non-farmer members shall not exceed the number of the farmer
(4) In the absence of the
Chairman in a meeting the members present in the meeting may elect a member
from amongst themselves to act as Chairman of the meeting.
4. Board of Management.— (1)
Subject to the control and guidance of the Authority the management of the
affairs of the Authority shall be carried out by the Board of Management
appointed by the Authority with the prior approval of the Government and
comprising a Managing Director and three General Managers.
(2) The Managing Director
and the General Managers shall have technical background and practical
experience in the profession relevant to their job description.
5. Powers and duties of the
Authority.— The Authority shall have the following powers and duties,---
(1) To receive irrigation supplies at
the barrages falling within the province and from the inter-provincial or
link canals and deliver the same in agreed quantities to the various water
users and Area Water Boards in the Province.
(2) To ensure conveyance of drainage effluent to the outfall in
co-ordination with Area Water Boards and Farmers Organisations as the case
(3) To exercise all the powers under
the Canal and Drainage Act 1873, the Soil Reclamation Act 1952 and any other
law for the time being in force relating to the subject matter of these
(4) To fix the rates in consultation
with the Government for the supply of irrigation water and of the drainage
cess payable for the disposal of the drainage effluent.
(5) To levy appropriate surcharge for
late payments and recover arrears from defaulters under the Land Revenue Act
provided that in case the Government declares a remission, waiver,
re-scheduling or suspension of payment of any of the dues of the Authority,
the same shall be debited to the account of the Government who shall
simultaneously notify how the Authority shall be compensated for the loss
thereby caused to the Authority or any other entity established under this
(6) To formulate and implement
policies in the water resources sector with a view to continuously improve
and achieve effective, economical and efficient utilization, preservation
and improvement of such water resources by the water users of the Province
on a sustainable basis.
(7) To formulate and implement policy
guidelines and procedures for the proper and efficient exercise of powers
available under this Act by the various entities and their directors and
employees and to prescribe training requirements and programmes which may be
conducted by the various entities under this Act in this behalf.
(8) To conduct any inquiries and hear any complaints and adjudicate on any
dispute or differences of opinion between the Authority and different
entities established under this Act and any individual and the said entities
in accordance with the principles of natural justice relevant thereto and to
faithfully and punctually implement such decisions as per letter and spirit
(9) To prescribe and adhere to the
procedures for the filing of documentation regarding water allocation in the
Province and all concessions, licences and leases granted by any entity
under this Act and to ensure availability thereof to the general public for
inspection and taking of copies thereof.
(10) To establish criteria and
procedures for granting, modifying, reassigning, renewing, suspending or
revoking any concessions, licences or subleases granted by the Authority to
any other entity or person and for the management of the infrastructure in
the event of suspension or revocation of a concession, licence or sublease.
(11) To operate and maintain the
irrigation tube-wells, drainage, storage reservoirs and flood control
infrastructure in the Province including hill torrent control and
development works for irrigation of adjoining lands including watershed
management practices in catchment areas.
(12) To plan, design, construct and
improve the irrigation, drainage, storage reservoirs and flood control
system with a view to ensure optimal utilization of the water resources of
the Province on an equitable and efficient basis.
(13) To maintain all relevant and
necessary records, registers and data banks as may be relevant or necessary
for the effective performance of any or all of its powers and duties.
(14) To issue such directions and take
all such steps as may reasonably be necessary for the prevention and removal
of encroachments and unauthorized construction along or on the properties of
(15) To prescribe rates, fees and other
charges to be payable in respect of various types of services which the
Authority may be required to render or provide under this Act.
(16) To operate and maintain the
equipment, machinery and stores of the Authority effectively, efficiently
and in a business like manner.
(17) To undertake anti-erosion
operations including conservation of forests and reafforestation and with a
view to achieve this purpose, to restrict or prohibit by general or special
order the clearing or breaking up of land in the catchment areas of any
rivers, hill torrents and other streams.
(18) To undertake any work, incur any
expenditure, procure machinery, plant and stores required for use by the
Authority and to negotiate, execute, adopt and ratify all such contracts as
may be considered necessary or expedient.
(19) To acquire and dispose of any
land, property or machinery or equipment or any other interest in or
regarding any land or property.
(20) To direct that any work required to be carried out by a person in
connection with training of rivers, hill torrents and any other streams or
undertaking of anti-erosion measures including conservation of forests and
reafforestation but remaining undone shall, after reasonable notice to such
person and due consideration of any objections raised by him in this regard,
be undertaken by the Authority and determine the cost to be borne by such
person, or after notice and due enquiry, by any other person who may be held
by the Authority to be liable for the same.
(21) To utilize the Authority Fund to meet the cost and expenses incurred
on account of and in connection with the due performance of the various
functions of the Authority under this Act including the payment of salaries
and other remunerations to the management and employees of the Authority.
(22) To formulate, implement and continuously review and improve the
policies and procedures relevant to the management of finances and
maintenance of the accounts of the Authority as well as for the inventory
and assets valuation and disposal and for the recruitment, promotion,
retirement (upon attainment of age of superannuation or otherwise) and
earlier conclusion of employment of the employees of the Authority.
(23) To formulate financial policies
aimed at ensuring that the finances of the Authority are managed in a
consistent, conservative and diligent manner as to protect its assets
including providing for their maintenance and periodic replacement as
necessary, preserve its capital and reserves, and promptly service its debts
(24) To formulate, adopt and implement
policies aimed at promoting, formation, growth and development of Area Water
Boards, Farmers Organizations and compilation and faithful monitoring of the
results thereof as per the requirements prescribed under this Act and to
ensure orderly and systematic induction thereof into the operations of the
(25) To prepare or cause to be prepared
and regularly update or cause to be updated Staffing, Operational and
(26) To prepare and implement policies
with a view to ensure that the staffing levels within the Authority and
other entities under this Act conform with the corresponding levels
indicated in the Staffing, Operational and Financial Plans prepared and
updated as above.
(27) To formulate and implement
policies with a view to ensure that the Authority and other entities as the
case may be under this Act become fully operative as self supporting and
financially self sustaining entities, to the extent of full recovery of O&M
cost of canals and subsidiary drains within a period of 7 to 10 years.
(28) To formulate, implement and
regularly update policies, studies and research programmes with a view to
development and management of water resources, solve and eliminate and
prevent water logging and salinity, and to develop irrigated agriculture in
(29) To conduct studies with a view to regularly analyze and evaluate the
impact of the operations and policies of the Authority on the ecology and
environment within the Province with a view to establish the various
available options for the minimization of the adverse impact of such
operations and policies, if any, and to adopt the optimal options for
(30) To coordinate and regulate the
measures being undertaken or required to be undertaken in the Province for
recording and gauging surface waters, monitoring of groundwater table and
quality of water and the compilation of data relevant thereto and in this
regard to establish and regularly maintain proper liaison with similar work
being undertaken in other provinces.
(31) To cause studies, surveys, experiments, technical investigations and
research to be conducted in connection with or regarding the functions and
duties of the Authority or of any other entity under this Act.
(32) To publish or cause to be
published various policies, details, data and information relevant to the
affairs of the Authority on a regular basis and to ensure reasonable access
of the public to the same.
6. Right of entry.— (1) The
Managing Director, or any other person authorized by him in writing, may,
after reasonable prior notice to that effect, enter upon and survey any
land, erect pillars for the determination of intended lines of work, make
borings and excavations and do all other acts which may be necessary for the
preparation and implementation of any scheme under any provision of this
(2) If the affected land
does not vest in the Authority, the power conferred by the above sub-section
shall be exercised in such manner as to cause the least interference with
and damage to such land and the rights of the owner thereof.
(3) When any person enters
into or upon any land pursuant to sub-section (1) above, he shall, at the
time of such entry or as soon thereafter as may be practicable but in no
case later than 60 days from the date of such entry, pay or tender payment
for all necessary damage likely to be caused on account of any operations
proposed to be carried out or carried out under sub-section (1) above.
(4) In case of any dispute, the same shall be referred to
the Collector/Deputy Commissioner of the district who shall decide the same
within a maximum period of 60 days from the date of such reference.
7. Arrangement with local bodies or
other agency.— (1) As soon as any scheme has been completed by the
Authority or at a later date, the Authority may arrange by a written
agreement with a Local Body or other agency within whose jurisdiction any
particular area covered by the scheme lies, to take over and maintain any of
the works comprising such scheme in the said area.
(2) The Government shall
have the power to direct the Authority to hand over any schemes completed by
the latter to any agency of the Government or a Local Body or take over such
schemes completed by any Agency.
(3) In any such case, the
Authority shall be entitled to receive the expenditure incurred on such
8. Control over Provincial water
resources.— Subject to the Indus Water Treaty (1960) and Water
Apportionment Accord (1991), the Authority shall have control over all the
rivers, canals, drains, streams, hill torrents, public springs, natural
lakes, reservoirs (except such reservoirs as are under the control of WAPDA)
and underground water resources within the Province to give effect to
schemes to be prepared under this Act in relation to public purposes.
9. Appointment of officers,
servants etc.— The Authority may employ such officers and servants, or
appoint such experts or consultants as it may consider necessary for the
performance of its functions, on such terms and conditions as it may deem
10. Delegation of powers to Managing
Director etc.— The Authority may, by general or special order, delegate
to the Managing Director, a Member of the Board of Management or officer or
servant of the Authority any of its powers, duties or functions, under this
Act subject to such conditions as it may deem fit to impose.
11. Persons serving in the Provincial
Irrigation and Power Department.— (1) All employees of the Irrigation
Wing of the Provincial Irrigation and Power Department except such employees
as may be specified by the Government in this behalf shall, subject to any
other provisions contained herein, on coming in force of this Act, become
the employees of the Authority.
(2) Employees under
sub-section (1) shall serve the Authority on such terms and conditions as
may be prescribed by rules and regulations of the Authority but in any case
not less favourable than their existing terms and conditions of service.
(3) The Authority shall,
through adoption of policies of hiring freeze, reassignment, non-replacement
of employees retiring upon attainment of age of superannuation and providing
incentives for early retirement, bring the number of its employees in
conformity with the corresponding numbers indicated in the relevant
Staffing, Operational and Financial Plans.
(4) The government shall
contribute to the pension, gratuity and final payment of provident fund of
the employees of the Provincial Irrigation & Power Department who become the
employees of the Authority under sub-section (1) as per the relevant Rules.
Authority Fund.— There shall
be a fund to be known as the “Punjab Irrigation and Drainage Authority Fund”
vested in the Authority to which shall be credited all sums received by the
13. Budget, audit and accounts.— The
budget of the Authority shall be approved and its accounts shall be
maintained and audited in such manner as may be prescribed.
14. Establishment of Area Water Boards,
etc.— (1) The Government may establish Area Water Boards and Farmers’
Organizations and assign to them such functions as it may deem fit:
Provided that the Area Water
Boards shall comprise not less than eight members who shall be
representatives of the farmers three out of whom shall be from the tail
reaches of canals; the Chairman of the Area Water Boards shall be a
representative of the farmers and the number of non-farmer members of the
Boards shall not exceed the farmer members.
(2) The Authority shall,
within one year of its establishment, devise and implement pilot programmes,
policies and take steps thereunder to ensure that an Area Water Board
covering selected canal command and Farmers’ Organisations at the minor and
distributory level are formed in a phased manner in accordance with the
relevant Bye-Laws and Regulations framed by the Authority.
(3) The pilot Area Water
Board and Farmers’ Organisations shall be vested with such functions and
power as would be required to enable them to become financially
self-sustaining and self-sufficient to the extent of recovering complete O&M
charges for maintaining canals and subsidiary drains within a maximum period
of ten (10) years in the case of Area Water Board and seven (7) years for
Farmers’ Organisations from the respective dates of their formation.
(4) The process of setting
up of further Area Water Boards and Farmers’ Organisations will depend upon
the successful functioning of the pilot project.
15. Transfer of rights and liabilities.—
Upon coming into force of this Act all assets and liabilities and all rights
and obligations of the Irrigation Wing of Provincial Irrigation and Power
Department shall stand transferred to the Authority, on such terms and
conditions particularly as regards use and disposal of the said assets as
may be prescribed by the Government.
16. Rules.— The Government may, by
notification, make rules for carrying out the purposes of this Act.
17. Regulations.— The Authority may
by notification make regulations not inconsistent with the provisions of
this Act and the rules made thereunder for the administration and management
of the affairs of the Authority.
18. Removal of difficulties.— If any
difficulty arises in giving effect to any of the provisions of this Act the
Government may make such orders, not inconsistent with the provisions of
this Act as may appear to it to be necessary for the purpose of removing the
19. Repeal.— The Punjab Irrigation
and Drainage Authority Ordinance 1997 (XX of 1997) is hereby repealed.