In forceACT NO. I OF 1953 · 7th January, 1953
The Embankment and Drainage Act, 1952 (East Bengal Act)
প্রতিবাঁধ ও নিষ্কাশন আইন, 1952 (পূর্ব বাংলা আইন)
An Act to consolidate the laws relating to embankment and drainage and to make better provision for the construction, maintenance, management, removal and control of embankments and water courses for the better drainage of lands and for their protection from floods, erosion or other damage by water. ♣ ♠
Contents
Part I PRELIMINARY
- Section 1Short title, extent and commencement
- Section 2Repeal of former Acts
- Section 3Definitions
- Section 4Vesting of public embankments, water-course, etc., in Government or Authority
- Section 5Lands used for obtaining earth, etc., to be at the disposal of Government or Authority and survey thereof
- Section 6Notification
Part II POWERS OF ENGINEER
- Section 7Powers of the Engineer
- Section 8General notice and filing of objection
- Section 9Hearing of objection
- Section 10Order after inquiry
- Section 11Appeal from order of the Engineer
- Section 12Order of the Government
- Section 13Special power conferable by Government
- Section 14Alteration of road, etc., interfering with drainage
- Section 15Application for construction of sluice embankment, water courses, etc.
- Section 16Power of removal of houses, trees, etc.
- Section 17Procedure where land likely to be benefited or affected are in different areas
- Section 18Power to make repairs
- Section 19Construction of temporary dam, road-way or water courses
- Section 20Opening and shutting of sluices
- Section 21Power to enter into and survey lands
- Section 22Power to take earth, etc., from land
- Section 23Lands rendered unfit for cultivation
Part III PROCEDURE IN CASES OF IMMINENT DANGER TO LIFE OR PROPERTY
Part IV ACQUISITION OF LANDS AND COMPENSATION
- Section 27Acquisition of land
- Section 28Compensation for damages
- Section 29Limitation to claims or damages
- Section 30Procedure for compensation
- Section 31Matters to be and not to be considered in determining compensation
- Section 32Acquisition of land in emergency
- Section 33Claims for compensation in case of acquisition of lands in emergency
- Section 34Service of special notice
- Section 35Determination of compensation for acquisition of land in emergency
Part V COST OF WORKS, PROCEEDINGS, ETC.
- Section 36Embankment in Schedule A
- Section 37Exclusion from Schedule A
- Section 38Addition to Schedule A
- Section 39Estimates and specifications to be prepared
- Section 40Preparation of further estimates and specification
- Section 41Estimates, etc., open to inspection
- Section 42General notice of receipt of estimates, etc., and objections
- Section 43Preparation of accounts and Engineer's certificate
- Section 44Notice of receipt of accounts and objections
- Section 45Total sum payable
- Section 46Persons liable to pay
- Section 47Notice to be given before apportionment
- Section 48Inquiry
- Section 49Apportionment amongst owners of lands
- Section 50Payment of amount apportioned
- Section 51Interest payable on amount apportioned
- Section 52Apportionment of further expenses
- Section 53Final order of apportionment and publication thereof
- Section 54Recovery of sums apportioned
Part VI PENALTIES
- Section 55Penalty for obstructing persons in exercise of powers under this Act
- Section 56Penalty for unauthorised interference and abetment thereof
- Section 57Penalty for injuring embankment, etc.
- Section 58Penalty for diverting rivers or grazing cattle on embankments
- Section 59Removal of obstruction and repair of damage
Part VII MISCELLANEOUS
- Section 60Powers regarding examination of witnesses, etc.
- Section 61Bar to impeachment of proceedings
- Section 62Appeals from orders
- Section 63General control of Engineers and Project Directors
- Section 64General control
- Section 65Disposal of land not required
- Section 66Delegation of powers of Collector and Engineer
- Section 67Power of revision of the Government
- Section 68Public servant
- Section 69Jurisdiction
- Section 70Bar to suits, appeals and applications
- Section 71Savings
- Section 72Indemnity
- Section 73Power of Government to make rules
- Section 74Excluding from operation of the Act