U.P. Irrigation (Emergency Powers) Act, 1950
U. P. Act No. 3 of 1951
up747
(i) for water rate to be paid to the person in possession by the applicant for the use of the water and the period during which it may be used;
(ii) for the construction of water-courses and defraying the cost of these constructions or the prohibiting or restricting or the doing of any act which may cause obstruction to water-course;
(iii) for any incidental and supplementary matters, which the District Magistrate thinks necessary.
4. Charges for use of water. - Before making an order under Section 3 regard shall be had to the diminution of water and the damage to fish which is likely to result on account of the order and in fixing rate under Clause (i) of sub-section (2) of Section 3 due allowance shall be made for this fact. 5. Power to require information. - The District Magistrate may, with a view to making an order under Section 3, by order, require any person to furnish such authority as may be specified in the order, such information in his possession as may be specified. 6. Inviting of objections. - As soon as may be practicable after the making of an order under Section 3, the District Magistrate shall cause notice to be given of the order in such manner as he may direct inviting objections from persons interested, and after hearing any objection that may be received may revoke or rescind the order or pass such further order as may appear to him to be necessary. 7. Delegation of powers by District Magistrate. - The District Magistrate may from time to time declare, by order in writing, the officers by whom and the local limits within which, all or any of the powers or duties conferred or imposed on him by this Act may be exercised or performed. 8. Expiry of order. - No order passed under this Act shall remain in force after the expiry of three months from the date of issue. 9. Penalty. - If any person contravenes, or obstructs the carrying out of any order made under this Act, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both. 10. Protection of action taken under the Act. - (1) No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done in pursuance of any order made or deemed to be made under this Act. (2) No suit or other legal proceeding shall be instituted against the State for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made or deemed to be made under this Act. 11. Power to make Rules. - The State Government may, by notification in the Official Gazette, make rules to give-effect to the purposes of this Act. 12. Repeal. - The Uttar Pradesh Irrigation (Emergency Powers) Ordinance, 1950 is hereby repealed and the provisions of Sections 6 and 24 of the U.P. General Clauses Act, 1904 shall apply as if it had been an Act repealed by an United Provinces Act.