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The Khyber Pakhtunkhwa Rural Area Drinking Water Supply Scheme Act, 1985.

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Department: Public Health Engineering
Main Category: Acts
Specific Category Name: to make provisions for facilitating the execution of schemes for supply of drinking water in rural areas
Year 1985
Promulgation Date: 10-09-1985
Details:

THE [1][KHYBER PAKHTUNKHWA] RURAL AREA DRINKING WATER SUPPLY SCHEME ACT, 1985. 
[2][KHYBER PAKHTUNKHWA] ACT NO. VI OF 1985. 

[10th September, 1985] 

AN 
ACT

 

CONTENTS

PREAMBLE

SECTIONS:

1.                  Short title, extent and commencement.

2.                  Definitions.

3.                  Water supply scheme.

4.                  Implementation of scheme.

5.                  Prohibition to damage or disrupt water supply.

6.                  Application for water connection.

7.                  Disconnection of water supply.

8.                  Appeal.

9.                  Offence.

10.              Cognizance of offence.

11.              Indemnity.

12.              Power to make rules.

13.              Repeal.

 

THE [3][KHYBER PAKHTUNKHWA] RURAL AREA DRINKING WATER SUPPLY SCHEME ACT, 1985. 
[4][KHYBER PAKHTUNKHWA] ACT NO. VI OF 1985. 

[10th September, 1985] 


[First published after having received the assent of the Governor of the [5][Khyber Pakhtunkhwa] in the Gazette of [6][Khyber Pakhtunkhwa] (Extraordinary), dated the 10th September, 1985].

AN 
ACT 


to make provisions for facilitating the execution of schemes for supply of drinking water in rural areas.

 

            WHEREAS it is expedient to make provisions for facilitating the execution of schemes for supply of drinking water in rural area;

Preamble.

 

            It is hereby enacted as follows:—

 

1.         (1)  This Act may be called the [7][Khyber Pakhtunkhwa] Rural Drinking Water Supply Scheme Act, 1985.

Short title, extent and commencement.

 

            (2)   It shall extend to the whole of the Province of the [8][Khyber Pakhtunkhwa].

 

            (3)   It shall come into force at once.

 

2.         In this Act, unless the context otherwise requires,—

Definitions.

 

(a)              "Department" means the Public Health Engineering Department of Government;

 

(b)              "Executive Engineer" means the Executive Engineer concerned of the Department;

 

(c)              "Government" means the Government of the [9][Khyber Pakhtunkhwa];

 

(d)              "rural areas" shall have the same meaning as assigned to it in the [10][Khyber Pakhtunkhwa] Local Government Ordinance, 1979 ([11][Khyber Pakhtunkhwa] Ord. IV of 1979);

 

(e)              "Scheme" means a scheme made under this Act for the supply of water for drinking purposes to individuals in the rural areas; and

 

(f)               "Superintending Engineer" means the Superintending Engineer concerned of the Department.

 

3.         Subject to availability of funds, there shall be executed and administered schemes for the supply of water for drinking purposes in rural areas.

Water supply scheme.

4.         (1)   For the purposes of section 3 Government shall perform all functions and exercise all powers as may be necessary to implement and administer the schemes, including the power to imposed and collect rates, fees and charges for water supply, in such manner as may be prescribed.

Implementation of scheme.

 

            (2)  The Department shall maintain proper account of the receipts under sub-section (1) and credit the same to the Provincial revenue under the proper head of account.

 

            (3)    Any rate, fee or charge imposed for water supply under this Act but not paid by the due date specified in that behalf shall be recoverable from the person or persons against whom it is outstanding as arrears of land revenue.

 

5.         (1)  No person shall damage or cause to be damaged any scheme made under this Act or unauthorisedly connect, disconnect or cut the pipe-lines meant for supply of water or commit any other act disturbing or damaging the water supply arranged under this Act.

Prohibition to damage or disrupt water supply.

 

            (2)  No person shall use or apply water made available to him under this Act for irrigation purpose.

 

            (3)  No person shall install or cause to be installed any kind of pump or mechanical device on the water supply line of drawing water.

 

6.         (1)  Any person desirous of having a water connection in a rural area where a scheme under this Act has been executed shall, in the prescribed manner and on payment of the prescribed fee, apply to the Executive Engineer for the purpose.

Application for water connection.

 

            (2)   All connections of water supply given under sub-section (1) shall be subject to payment of water charges at such rate as Government may from time to time fix or determine under section 4.

 

7.         (1)  The Executive Engineer shall disconnect or cause to be disconnected water supply of persons who fail to pay water charges in the prescribed manner.

Disconnection of water supply.

 

            (2)   Water supply disconnected under sub-section (1) shall not be restored unless the defaulter makes payment of the arrears outstanding against him and also pays the fee, if any, prescribed for reconnection.

 

8.         Any person aggrieved by an order passed under this Act may, within thirty days of the passing of the order, prefer an apeal to the Superintending Engineer and the decision of the Superintending Engineer on such appeal shall be final.

Appeal.

9.         (1)   Contravention of any of  the provisions of this Act or the rules made thereunder shall be punishable with simple imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.

Offence.

 

            (2)   Offences under this Act shall be bailable.

 

10.       No court shall take cognizance of an offence under this Act except upon a complaint made in writing by the Executive Engineer or any other person authorised by him in this behalf.

Cognizance of offence.

11.       No suit, prosecution or other legal proceeding shall be taken against any person or Government for anything which is in good faith done or intended to be done under or in pursuance of this Act or any rule or order made thereunder.

Indemnity.

12.       Government may make rules for carrying into effect the provisions of this Act.

Power to make rules.

13.       The [12][Khyber Pakhtunkhwa] Rural Areas Drinking Water Supply Scheme Ordinance, 1985 ([13][Khyber Pakhtunkhwa] Ord. XI of 1985), is hereby repealed.

Repeal.

 


[1] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011.

[2] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011.

[3] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011.

[4] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011.

[5] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011.

[6] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011.

[7] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011.

[8] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011.

[9] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011.

[10] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011.

[11] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011.

[12] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011.

[13] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011.