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ORDINANCE I OF 1997 ORDINANCE I OF 1997 BALOCHISTAN IRRIGATION AND DRAINAGE AUTHORITY ORDINANCE, 1997 CHAPTER III POWER AND DUTIES OF THE AUTHORITY 10. Power and duties of the Authority.‑‑The Authority shall have the following powers and duties: (a) Subject to the provisions of the Indus Water Treaty, 1960 and the Water Apportionment Accord, 1991 to receive irrigation supplies at the barrages falling within the Province and/or from the inter/provincial/link canals and deliver the same in agreed quantities to the various Area Water Boards in the Province at the relevant canal head-works. The Authority shall receive drainage effluent at designated points on canal command boundaries and convey the same to the inter‑provincial outfall drains. (b) To exercise all the powers under the Balochistan Canal and Drainage Ordinance Act, 1980. (c) To fix the rate in consultation with the Provincial Government at which it will supply irrigation water at its disposal to its various constituent Area Water Boards other entities as provided under this Ordinance as also the Drainage Cess payable by the A.W.Bs. or any other entity for the conveyance/disposal of the effluent through the relevant drains. (d) The Authority may levy appropriate surcharge for late payments and recover arrears from defaulters under the Balochistan Land Revenue Act, 1967. (e) 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 financially and environmentally sustainable basis. (f) To formulate and implement policy guidelines and procedures for the proper and efficient exercise of powers available under this Ordinance by the various entities and their directors, employees and to prescribe training requirements and programs which may be conducted by the various entities under this Ordinance in this behalf. (g) To conduct any inquiries and hear any complaints and adjudicate on any dispute and/or differences of opinion between the Authority and different entities established under this Ordinance and/or any individual and/or the said entity in accordance with the principles of natural justice relevant thereto and to faithfully and punctually implement such decisions as per the letter and spirit thereof. (h) To prescribe and adhere to the procedures for the filing of documentation regarding water allocation in the Province and all concessions, licenses and leases granted by any entity under this Ordinance and to ensure availability thereof to the general public for inspection and taking of copies thereof. (i) To establish criteria and procedures for granting, modifying, reassigning renewing, suspending or revoking any concessions, licences, subleases granted by the Authority to any other entity or person and/or for the management of the infrastructure in the event of suspension or revocation of a concessions, licences or subleases granted by the Authority to any other entity or person and for the management of infrastructure in the event of suspension or revocation of a concession, licences or sublease. (j) To operate and maintain the irrigation, 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. (k) 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. (1) To maintain all relevant, necessary records, registers and data banks as may be relevant and necessary for the effective performances of any or all of its above referred‑powers and duties. (m) By a notification to that effect. (i) Issue such directions and take all such steps as may reasonably be necessary for the prevention of encroachments and unauthorized construction along or on the properties of the Authority. (ii) Prescribe rates, fee 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 Ordinance. (n) To operate and maintain the equipment, machinery and stores of the Authority effectively, efficiently and in a business like manner. (o) To undertake anti‑erosion operations including conservation of forests and reforestation 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/or other streams. (p) To undertake any work, incur any expenditure, procure machinery, plant and stores required for use by the Authority and to negotiate, execute and adopt ratify all such contracts as may be considered necessary or expedient. (q) To acquire by purchase, lease, exchange or otherwise and dispose of by sale, exchange or otherwise any land, property or machinery/equipment or any other interest in or regarding any land or property. (r) To direct that nay work required to be carried out by a person in connection with training of rivers, hill torrents and/or any other stream or undertaking of anti‑erosion measures including conservation of forests and reforestation 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 inquiry by any other person who may be held by the Authority to be liable for the same. (s) 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 Ordinance including the payment of salaries and other remunerations to the management and employees of the Authority. (t) To formulate, implement and continuously review, 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 asses valuation and disposal and for the recruitment, promotion, retirement upon attainment of age of superannuating or otherwise and earlier conclusion of employment of the employees of the Authority. (u) 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 is capital and reserves, and promptly service its debts and obligations. (v) To formulate, adopt and implement policies aimed at promoting formation growth and development of AWBs/Farmer Organizations and compilation/faithful monitoring of the results thereof as per the requirements prescribed under this Ordinance and to ensure orderly and systematic induction thereof into the operations of the Authority. (w) To prepare, cause to be prepared and regularly update, cause to be updated Staffing and Operational and Financial Plan which will generally deal with and reflect the following aspects:‑‑ (i) composition of the Authority and Board of Management. (ii) Functions and responsibilities of the Authority and Board of Management. (iii) Vision and Strategy (iv) Organization Structure including job descriptions for key position and grading. (v) Human Resources Strategy, Staffing Plans and compensation policies. (vi) Measures for reducing costs and improving efficiency the operations of the Authority. (vii) Cost sharing Recovery arrangements including measures to improve collection of water rates, drainage cess. (viii) Financial arrangement (ix) Schemes/Programmes for the improvement of irrigation, drainage, flood control and hill torrents in the Province. (x) Operation management including water allocation, operation and maintenance and effluent disposal. (xi) Programmes for establishment of Area Water Boards and Farmer's Organization (xii) Detailed financial plans/projections clearly outlining the capital budget, operating statement (revenue and expenditure statement), balance sheets and a funds flow statement showing sources and utilization of funds. (xiii) Transparency and accountability arrangements; (xiv) Performance and Monitoring standards. (x) To prepare and implement policies with a view to ensure that the staffing levels within the Authority and other entities under this Ordinance conform with the corresponding levels indicated in the staffing, operational and financial plants prepared, updated under clause (iv) above through enforcement of freeze on hiring of new employees non‑replacement of employees retiring upon attainment of age of superannuation, reassignment of any surplus employees, wherever possible, and by introducing policies offering financial and other benefits for employees voluntarily opting for early retirement and to take all steps and exercise all powers reasonably required to be taken, exercised in this regard. (y) To formulate and implement policies with a view to ensure that the Authority and other entities under the Ordinance become fully operative as self -supporting and financially self‑sustaining entities as regards Operation and Maintenance cost of irrigation and drainage as defined in Chapter 5 within a period of seven to ten years. (z) To formulate, implement and regularly update policies, studies and research programmes with a view of solve, eliminate and prevent water-logging and salinity, and to develop irrigated agriculture in the Province. (aa) To conduct studies with a view of regularly analyze and evaluate the impact of the operations policies of the Authority on the ecology and the 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 option for further action. (bb) To coordinate, regulate the measures being undertaken, required to be undertaken in the Province for recording, gauging surface water, monitoring of groundwater table and quality of water and the compilation of date relevant thereto and in this regard to establish and regularly maintain proper liaison with similar word being undertake in other provinces. (cc) To cause studies, survey, experiment, technical investigations and research to be conducted in connection with or regarding the functions and duties of the Authority and, or of any other entity under this Ordinance. (dd) To publish, cause to be published the various policies, details, data ad information relevant to the affairs of the Authority on a regular basis and to ensure reasonable access of the public to the same.