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The Tanks Improvement Act, 1939 (Bengal Act).

( ACT NO. XV OF 1939 )

Definitions
2. In this Act, unless there is anything repugnant in the subject or context,-
 
 
 
 
1[(a1) “agricultural land” includes land used for the growing of vegetables and the like and also waste land which is capable of cultivation but does not include a fruit garden, an orchard or any homestead land;]
 
 
 
 
(1) “authorised person” means the Collector, a local authority, co-operative society, or any other person who takes possession of a tank under the provisions of this Act and includes the successors-in-interest of such a person;
 
 
(2) “Collector” includes a 2[Upazila Nirbahi Officer] and any officer appointed by the Government to exercise all or any of the functions of a Collector under this Act;
 
 
 
 
(3) “co-operative society” means a society registered under the 3[* * *] Co-operative Societies Act, 1940;
 
 
 
 
(4) “derelict tank” means a tank which has been declared to be a derelict tank under section 4;
 
 
 
 
(5) “period of possession” means the period from the time when possession is first taken of a tank under section 5 or section 6 until the time when possession thereof is restored under section 21;
 
 
 
 
4[(5a) “person having control over a tank” does not include a person by whom the tank is held for a limited time and whose interest in the tank is not transferable;]
 
 
 
 
(6) “prescribed” means prescribed by rules made under this Act;
 
 
 
 
(7) “tank” means a reservoir, or place which has been used as a reservoir, for the storage of water whether formed by excavation or by the construction of one or more embankments or place where water naturally accumulates, and includes any part of a tank and the banks thereof except such portions of the banks as are homestead, garden or orchard lands.

  • 1
    Clause (a1) was inserted by section 3 and the Second Schedule of the East Bengal Laws (Amendment and Repeal) Act, 1949 (East Bengal Act No. V of 1950)
  • 2
    The words “Upazila Nirbahi Officer” were substituted for the words “Magistrate in-charge of a subdivision of a district” by section 2 of the Tanks Improvement (Amendment) Ordinance, 1986 (Ordinance No. III of 1986)
  • 3
    The words, comma and figure “Co-operative Societies Act, 1912 or the Bengal” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 4
    Clause (5a) was inserted by section 3 and the Second Schedule of the East Bengal Laws (Amendment and Repeal) Act, 1949 (East Bengal Act No. V of 1950)
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