THE [1][KHYBER PAKHTUNKHWA], SALINITY CONTROL AND RECLAMATION OF LAND ORDINANCE, 1986. 
23rd October, 1986.

[2][KHYBER PAKHTUNKHWA] ORDINANCE NO. VI OF 1986. 

AN 

ORDINANCE

CONTENTS

PREAMBLE

SECTIONS:

1.                  Short title, extent and commencement.

2.                  Definition.

3.                  Provisions of the Ordinance to be overriding.

4.                  Framing and implementation of scheme.

5.                  Restriction of plantation of trees or raising of structure.

6.                  Power to enter upon the land, etc.

7.                  Cases in which compensation is admissible.

8.                  Penalty for removing machinery, etc.

9.                  Penalty for obstruction.

10.             Cognizance.

11.             Removal of structure, etc.

12.             Indemnity.

13.             Power to make rules.

THE [3][KHYBER PAKHTUNKHWA], SALINITY CONTROL AND RECLAMATION OF LAND ORDINANCE, 1986. 
23rd October, 1986.

[4][KHYBER PAKHTUNKHWA] ORDINANCE NO. VI OF 1986. 

AN 

ORDINANCE

to make provisions for facilitating the execution of schemes for drainage of sub-surface water and removal of hinderance in installation of sub-surface drains in the [5][Khyber Pakhtunkhwa].

            AND WHEREAS the Provincial Assembly is not in session and the Governor of the [6][Khyber Pakhtunkhwa] is satisfied that circumstance exist which render it necessary to take immediate action;

 
            NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 128 of the Constitution of the Islamic Republic of Pakistan, the Governor of the [7][Khyber Pakhtunkhwa]  is pleased to make and promulgate the following Ordinance:

(2) It shall extend to whole of the Province of the  [9][Khyber Pakhtunkhwa].

(3) It shall come into force on such date as Government may, by notification in the official Gazette, appoint in this behalf, and different dates may be appointed in respect of different areas or parts of the Province.

(a)              "Authority" means the Water and Power Development Authority established under the West Pakistan Water and Power Development Authority Act, I958 (W. P. Act No. XXXI of 1958);

(b)              "deep-rooted tree" means the trees specified in the Schedule to this Ordinance and includes such other as Government may, from time to time by notification in the official Gazette, and to the said Schedule;

(c)              "Government" means the Government of the [10][Khyber Pakhtunkhwa];

(d)              "local area" means the area notified by Government from time to time under sub-section (3) of section 1 of this Ordinance;

(e)              "prescribed" means prescribed by rules made under this Ordinance ;

(f)               "scheme" means a scheme framed under section-4 of this Ordinance ; and

(g)              "sub-surface drains" means any engineering structure meant to facilitate drainage of sub-surface water.

            (2) When a scheme under sub-section (1) has been framed and approved by Government, the Authority shall prepare a notice stating: 

                        (i)        the fact that the scheme has been framed; 

                        (ii)       the boundaries of the locality comprised in the                                      scheme. 

and cause the said notice to be published in the official Gazette. The notice shall also be published in a newspaper or newspapers for at least seven consecutive days for public information and may be displayed in such other manner as the Authority may deem appropriate to bring the scheme to the knowledge of the persons having interest in the land comprised in the scheme.

            (2) The Authority or the officer, as the case may be, where satisfied that the plantation of the deep-rooted tree is not likely to harm the sub-surface drain laid or to be laid under the scheme, or does not obstruct the drain in any manner, shall grant the permission requested for:

            Provided that where it is decided not to grant such permission or to grant it with such restrictions or-conditions as the Authority or the officer so authorised may specify in that behalf, the decision of the Authority or the officer, as the case may be, shall be final.  

            (3) It shall be necessary for every person intending to erect or raise any building or permanent structure in a local area to ascertain from the Authority or the officer so authorised in writing that the site selected by him for raising any building or permanent structure does not run over a sub-surface drain.

            (4) Any deep-rooted tree planted or any building or permanent structure erected or raised in default of the preceding sub-sections shall be liable to be up-rooted or demolished at the cost of the defaulter and the defaulter shall not be entitled to any compensation therefor.

            Provided that the functions aforesaid shall be discharged in such manner as to cause the least interference with, and the least damage to, the rights of the owners in the land:

            Provided further that where it is necessary to enter into any building or enclosed court or garden attached to a dwelling house, the occupier of such building enclosed court or garden shall be given such reasonable notice as the urgency of the case of the circumstances may require, before so entering.

            (2) It shall be lawful for any person acting under sub-section (1) to make an entry for the purpose of inspection or search, to open or caused to be opened a door, gate or other barrier,—

(a)  if he considers the opening thereof necessary for the purpose of such entry, inspection or search, and

(b)  if the occupier or owner, as the case may be, is absent or being present, refuses to open such door, gate or barrier.

            Provided that permanent building or structure already erected or raised on the land comprised in the scheme before the date of publication of the notice under sub-section (2) of section 4 shall be exempted from the operation of this section and reasonable compensation, in the prescribed manner, shall be admissible to the owners of such building or structures, in case any damage is caused to them in carrying out the scheme.

(a)  removes any mark set up for the purpose of indicating any level or direction necessary for the implementation or maintenance of a scheme under this Ordinance: or

(b)  infringes or does not comply with any order given under this Ordinance,

he shall be punishable with fine which may extend to one thousand rupees.

(a)  damages, alters, obstructs or interferes with any land reclamation operations as to cause damage to the operation or to render it less useful; or

(b)  obstructs or molests any person in the performance of his duties under this Ordinance; or

(c)  remove any machinery, pipes, gauges, fence, or in any other manner hampers the work in operation; or

(d)  plants a deep-rooted tree or erects or raises any permanent building or structure in contravention of section 5.

he shall be punishable with simple imprisonment which may extend to three months or with fine not exceeding five thousand rupees or with both.

SCHEDULE

[See Section 2(b)]

                                                                                    FIDA MOHAMMAD KHAN

GOVERNOR OF THE KHYBER PAKHTUNKHWA

Peshawar,

dated the

23 October, 1986