23. Whenever any land, other than land taken or acquired for the purpose of this Act, or any right of fishery, right of drainage, right of the use of water, or other right of property, is injuriously affected by any act done, or any work executed under this Act, the person in whom such property, or right is vested may prefer a claim by petition to the Collector, for compensation: Provided that the refusal to execute any work for which application is made, and the refusal of permission to execute any work for the execution of which the permission of the Collector or any other authority is required under this Act, shall not be deemed acts on account of which a claim for compensation can be preferred under this section.

24.(1) No claim under section 23 shall be entertained which is made later than three years after the completion of the work by which such right is injuriously affected. (2) For the purposes of this section, the date of the completion of the work shall be the date of the publication of the statement and particulars referred to in section 18, sub-section (2).

25. When any such claim is made, proceedings shall be taken with a view to determine the amount of compensation, if any, which should be made and the person to whom the same should be payable, so far as possible in accordance with the provisions of the Land Acquisition Act, 1894.

26. In any such case which is referred by the Collector to the Court for the purpose of determining whether any, and, if so, what amount of compensation should be awarded, the Court shall take into consideration-Firstly, the market value of the property or right injuriously affected at the time when the act was done or the work executed;Secondly, the damage sustained by the claimant by reason of such act or work injuriously affecting the property or right;Thirdly, the consequent diminution of the market value of the property or right injuriously affected when the act was done or the work executed;Fourthly, whether any person has derived, or will derive, benefit from the act or work in respect of which the compensation is claimed or from any work connected therewith, in which case they shall set off the estimated value of such benefit, if any, against the compensation which would otherwise be decreed to such person: Provided that the Court shall not take into consideration-Firstly, the degree of urgency which has led to the act or work being done or executed;Secondly, any damage sustained by the claimant, which, if caused by a private person, would not in any suit instituted against such person justify a decree for damages.

27. If, after the apportionment of the cost of the work as above provided, any expenses not included in such apportionment shall be found to have been paid, or to have become payable, on account of the said work, whether as compensation, or otherwise, or if the amount recovered is insufficient to cover the cost of the scheme, the Collector may proceed to distribute, apportion and recover such additional cost, or deficiency; and the procedure set out in section 18 and the following section shall then apply.

28. All outlets and water-channels, natural or artificial, included in a scheme under this Act, whether reconstructed, cleared, altered, enlarged, excavated or cut under this Act or not, and the construction and maintenance of embankments and dams and works therein, or connected therewith, shall be subject to the law for the time being in force regulating the construction and maintenance of public embankments, rivers, channels and outlets.

29. All lands which are taken, or acquired permanently under this Act for the purpose of a scheme, and any work constructed under this Act, and all water-channels, embankments and dams included within the scheme, whether reconstructed, cleared, altered, enlarged, excavated, or cut under this Act, or not, shall be vested in the Collector on behalf of the Government, or subject to such conditions as may be prescribed, in such local authority, or person as the Government, may, by general or special order, direct: Provided that when the total cost of any work has been paid by any local authority, or person, the said lands and works, including any water-channels, embankments and dams, shall, subject to such conditions as may be prescribed, vest in such local authority, or person.

30. The local authority, or person in whom the lands, or works, water-channels, embankments, and dams, are vested shall be responsible for their maintenance, subject to such rules as may be prescribed: Provided that if the Collector is satisfied that such maintenance is being neglected, or that it is desirable, in the public interests, that such maintenance should be undertaken by the Government, he shall report, through the Commissioner, to the Government, who may direct that the duty of maintenance be undertaken by the Government.

31. All sums recovered as the estimated capital cost of the maintenance or works constructed under this Act shall be administered in the prescribed manner.

32.(1) Any person who, without lawful authority erects, or causes to be erected, any weir or other obstruction in any outlet or water-channel, or cultivates the bed of a water channel, so as to obstruct natural drainage, shall, upon conviction before a Magistrate, be liable to a penalty not exceeding two hundred ¹[Taka] for every such offence. (2) It shall be in the discretion of such Magistrate to direct any such offender to remove or pay for the entire cost of the removal of any such obstruction.

33. The Commissioner, the Collector, and a committee appointed under section 9 shall have all such powers as are conferred on a Civil Court by the Code of Civil Procedure, 1908, for the purpose of compelling the attendance of witnesses and the production of evidence, and for the purpose of examining witnesses in any inquiry, or appeal, as the case may be, which they may be empowered to make or entertain under this Act.

34. No proceeding under this Act shall be defeated or invalidated by reason of any defect or omission in the publication or service of any notification, notice or order, unless material injury is done to any person by such defect or omission.

35.(1) The Government may, after previous publication, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, the Government may make rules-(a) fixing the rate of interest to be paid, and the dates from and to which interest on all recoverable deposits, or advances are to be paid under sub-clause (e) of clause (2) of section 2;(b) fixing the amount of the costs of the work involved in a scheme in excess of which such scheme shall be deemed to be a major scheme and prescribing the circumstances under which the Collector may certify a scheme to be a major scheme;(c) prescribing the manner of publication of a notice under section 6, a copy of the final statement of cost and the map under section 18, sub-section (2), and a copy of the detailed statement under section 20, sub-section (1), and prescribing the time within which objections and suggestions are to be made under section 6;(d) prescribing the manner in which the objections or suggestions referred to in section 7 and section 10, sub-section (1), shall be considered;(e) prescribing the manner in which a scheme may be modified, If necessary, under section 5, sub-section (2), and clause (b) of sub-section (1) of section 8;(f) determining the constitution of the committee referred to in section 9, and regulating the conduct of business at meetings of the committee;(g) prescribing the manner and conditions for financing and distributing the cost of the work involved in a scheme under section 8, sub-section (1), and section 10, sub-section (2);(h) prescribing the manner in which the Engineer shall prepare the map under clause (b) of section 17;(i) prescribing the manner in which the Collector shall determine the rates at which the cost of a scheme shall be recoverable under clause (iii) of sub-section (1) of section 18, and the instalments, if any, by which such cost shall be recovered;(j) prescribing the manner in which the Collector shall recover costs under section 21, and arrears under section 22;(k) prescribing the conditions subject to which lands and works shall vest in a local authority, or person under section, 29;(l) for the maintenance of works under section 30;(m) determining the manner in which the sums referred to in section 31 shall be administered;(n) Prescribing the forms of accounts, surveys, plans, maps, estimates, statements, and reports;(o) regulating the powers and duties of any officer, or person under this Act.

36. [Omitted by 1st Schedule of the East Pakistan (Repealing and Amending) Ordinance, 1962 (Ordinance No. XIII of 1962).]