[Home] [Databases] [WorldLII] [Search] [Feedback] Afghan Laws

You are here:  AsianLII >> Databases >> Afghan Laws >> Law on Fixing the Price and Sale of Water Below the Kajekai

[Database Search] [Name Search] [Noteup] [Download] [Help]

Law on Fixing the Price and Sale of Water Below the Kajekai

Law on Fixing the Price of and Sale of Water Below the Kajekai

10 Aqrab 1341

ARTICLE 1: XXXX rights is land which existed prior to the construction of the new XXXX shall be preserved and shall not be subjected to the payment of fees.

Remark: The term land with XXXX rights XXXX that parcel of land which has been registered under the same of individuals in at XXXX books prior to the construction of XXXX and for which the fixed amount of tax XXXX been XXXX. Should the individual qualify for the ownership of XXXX land, in audition to his present land, the surplus amount of land shall be recognized as being without XXXX rights.

ARTICLE 2: For that part of the land which is the XXXX and not XXXX property of individuals and remains without water rights under the provision of Article (1) of this law water shall be given in exchange for land as described in Article (3) and the land owner does not have the right to avoid making use of the new water.

Should the person refuse to purchase water, the Government in accordance with the provisions of Article (3) of this law shall have the right to take-over a part of his property equivalent to the price of water.

ARTICLE 3: The fixing of and XXXX for the price of each XXXX of newly XXXX permanent water rights shall be determined in terms of the original XXXX of Jari’s of private property progressively as follows:

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXX
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXX

From 1 to 50 Jeribs 1 Jerib of land without water rights
From 51 to 100 Jeribs 1½ Jeribs of land without water rights
From 101 to 200 Jeribs 2 Jeribs of land without water rights
From 201 to 300 Jeribs 2½ Jeribs of land without water rights
From 301 to 400 Jeribs 3 Jeribs of land without water rights
From 401 to 500 Jeribs 3½ Jeribs of land without water rights
From 501 to 600 Jeribs 4 Jeribs of land without water rights
From 601 to 700 Jeribs 4½ Jeribs of land without water rights
From 701 to 800 Jeribs 5 Jeribs of land without water rights
From 801 to 900 Jeribs 5½ Jeribs of land without water rights
From 901 to 1,000 Jeribs 6 Jeribs of land without water rights
From 1,001 to 5,000 Jeribs 7 Jeribs of land without water rights

ARTICLE 4: The amount of Jeribs to be transferred to the State from the price of water on behalf of one village (XXXX) or region (House) shall be demarked on one side of the village or the region on the basis of a majority of the land owners.

ARTICLE 5: The regulations of this law shall be applicable only to those lands for which equipment for XXXX use of the water reservoir of the dams has been provided and for which sufficient water can XXXX.

ARTICLE 6: From the date of publication of this law the chapter on the “Sale of Water Below XXXX and XXXX Dams” of the law published in Meezan 1335 XXXX shall be abrogated and the provisions of this law shall come into force.

AMENDMENT: For the specification of the excess lands and the sale of water rights in land in the XXXX project.

Following the other principles contained in this law, the specification of excess lands and the sale of water rights in the lands belonging to the XXXX project, is as follows:

1. If the total extent of the owned land and the excess lands does not exceed 20 Jeribs, the excess land is entered in the tax office in the name of the owner, and the owner is bound to pay the fixed tax from that date.
   

The excess lands in the XXXX area, XXXX the difference of area XXXX by the XXXX Survey and the measurement recorded in the tax office according to the declaration papers (Law for Setting Ownership and Tax Matters, and the Price of Water for lands below the XXXX and XXXX Dams).

1. If the area of excess lands and the owned property exceeds 20 Jeribs up to 50 Jeribs, XXXX, of the land is taken by the Government.
   

If the area of excess land and the owned property exceeds 50 Jeribs, the owner is treated in accordance with Article (3) of the Law for Fixing the Price and Sale of water Below the Kajakai and Arghandab Dams.

1. This order is in force from the date it is published in the Official Gazette.
   

15 Hoot 1349

AMENDED: 25 Hoot 1349