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BALOCHISTAN IRRIGATION AND DRAINAGE AUTHORITY ACT, 1997 BALOCHISTAN IRRIGATION AND DRAINAGE AUTHORITY ACT, 1997 An Act to provide for streamlining the Irrigation and drainage system in the Province of Balochistan [Gazette of Balochistan, Extraordinary, 19th July, 1997] No.PAB/Legis.V(3)/97, dated 19‑7‑1997.‑‑The Balochistan Irrigation and Drainage Authority Bill, 1997 having been passed by the‑ Provincial Assembly on 7th July, 1997 and assented to by the Governor of Balochistan, is hereby published as an Act of the Provincial Assembly. CHAPTER III POWER AND DUTIES OF THE AUTHORITY 8. Power and duties of the Authority.‑‑The Authority shall have the following powers and duties: (a) General.‑‑(1) 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 headworks. The Authority shall receive drainage effluent at designated points on canal command boundaries and convey the same to the inter‑provincial outfall drains. (2) To exercise all the powers under the Balochistan Canal and Drainage Ordinance, 1980 and Balochistan Ground Water Rights Administration Ordinance, 1978. (3) 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 Act 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. (4) The Authority may levy appropriate surcharge for late payments and recover arrears from defaulters under the Balochistan Land Revenue Act, 1967: 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 to the account of the Government who shall simultaneously notify how the Authority shall be compensated for the loss thereby caused to the Authority and/or any other entity established under this Act. (b) Policy and Regulations.‑‑(1) To formulate and implement policy 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 Province on a financially and environmentally sustainable basis. (2) To formulate and implement policy guidelines/procedures for the proper and efficient exercise of powers available under this Act 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 Act in this behalf. (3) 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 Act and/or any individual in accordance with the principles of (Islam) natural justice 'relevant thereto and to implement such decisions as per the letter and spirit thereof. (4) To prescribe and adhere to the procures for the filing of documentation regarding water allocation in the province and all concessions, licenses 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. (5) To establish criteria and procedures for granting, modifying, reassigning, renewing, suspending or revoking any concessions, licences, sub leases 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 sub‑leases granted by the Authority to any other entity or person. (c) Operations.‑‑(1) 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. (2) 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. (3) 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. (4) To issue such directions and take all such steps as may be necessary for the prevention of encroachments and unauthorized construction along or on the properties of the Authority. (5) To 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 Act. (6) To operate and maintain the equipment, machinery and stores of the Authority effectively, efficiently and in a business‑like manner. (7) 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. (d) Finance and Administration.‑‑(1) 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 with the approval of the Government. (2) 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. (3) To utilize the Authority Fund to meet the cost and expenses incurred on account of and in connection with the due performance of various functions of the Authority under this Act including the payment of salaries and other remunerations to the management and employees of the Authority and for Capital formation. (4) 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 and obligations. (e) Transition.‑‑(1) 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 Act and to ensure orderly and systematic induction thereof into the operations of the Authority. (2) 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 such matters as may be prescribed. (3) To formulate and implement policies with a view to ensure that the Authority and other entities under the Act 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 with a period of seven to ten years. (f) Research and Development.‑‑(1) To formulate, implement and regularly update policies, studies and research programmes with a view to solve, eliminate and prevent waterlogging and salinity, and to develop irrigated agriculture. (2) To conduct studies with to view of regularly analyses and evaluate the impact of the operations and policies of the Authority on the ecology and the environment 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. (3) To coordinate, regulate the measures being undertaken, required to be undertaken 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 work being undertaken in other provinces. (4) To cause studies, surveys, 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 Act. (5) To publish, cause to be published the 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.