The Tanks Improvement Act, 1939 (Bengal Act).

( ACT NO. XV Of 1939 )

An Act to provide for the improvement of tanks in Bangladesh for purposes of irrigation. 1

 
 
 
WHEREAS it is expedient to provide for the improvement of tanks in Bangladesh for purposes of irrigation;
 
 
 
 
It is hereby enacted as follows:-
 

CONTENTS

SECTIONS

1. Short title, extent and commencement

2. Definitions

3. Requisition by Collector to carry out improvements in certain tanks

4. Declaration of a tank to be a derelict tank

5. Power to Collector in respect of a derelict tank

6. Order for possession of, and improvements in, a derelict tank

6A. Order for possession of lands adjoining a derelict tank for carrying out improvements in such tank

7. Cancellation of order under section 6

8. Authorised person to retain possession of a derelict tank for a period not exceeding twenty years

9. Owner to be restored to possession on certain conditions

9A. Authorised person to retain possession of land adjoining a tank during the period of possession of such tank

9B. Restoration of possession of land adjoining a derelict tank and the retaking of possession of such land

9C. Restoration of possession of land adjoining a derelict tank on the restoration of possession of such tank under section 9

10. Authorised person not liable to pay rent or compensation

11. Possession by an authorised person not to affect the rights or liabilities of other persons

12. Authorised person to pay rent to owner and compensation to person other than the owner dispossessed by him

13. Authorised person to pay compensation to persons who have right to fish in the tank, etc., on payment

14. Authorised person to pay compensation to cultivators who hold a lease of the bed of such tank

14A. Payment of compensation to persons having rights in lands adjoining a tank of which possession is taken under this Act

15. Permission of the authorised person necessary to use or occupy the tank, etc.

16. Rights to use the water of the tank

16A. Maximum irrigation area

16B. Preparation of list

17. Payment and rate of fees

18. Power of authorised person to lease out the tank, etc.

19. Bar to transfer of tank except as provided in this Act

19A. Bar to acquisition of occupancy rights in lands leased out under section 18

20. Authorised person to maintain tank in proper condition

20A. Authorised person to maintain land adjoining a tank of which possession is taken by him in proper condition

21. Restoration of possession of tank

22. Record-of-rights in respect of derelict tanks

23. Person to whom possession of a tank is restored to maintain it in proper condition

24. Costs

25. Decision of disputes

26. Appeal against action of authorised person

27. Other appeals

28. Procedure in proceedings under section 27

29. Order of Civil Court not to operate during period of possession

30. Bar to jurisdiction of Civil Courts

31. Power to enter land to make survey, etc.

32. Power to compel production of statements and documents

33. Power to enforce attendance of witnesses and production of documents

34. Power to authorise subordinate officer to exercise Collector’s powers

35. Penalty

36. No reduction of revenue for anything done under this Act

37. Power to make rules