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The Tanks Improvement Act, 1939 (Bengal Act).

( ACT NO. XV OF 1939 )

Declaration of a tank to be a derelict tank
4. (1) If the improvements referred to in section 3 are not carried out to the satisfaction of the Collector within the period specified in the notice issued under that section or within such further period as the Collector may, on application made to him in this behalf, think fit to allow, the Collector may, by a notice to the person having control over the tank, and otherwise published in the prescribed form and manner, declare the tank to be a derelict tank.
(2) Every notice issued under sub-section (1) shall state the boundaries of the tank which is declared to be a derelict tank or the number entered in the record-of-rights finally published 1[under Chapter IV of the State Acquisition and Tenancy Act, 1950] of the survey plot comprising such tank.
(3) A copy of every notice published under sub-section (1) shall be posted up in a conspicuous place near the tank, together with an intimation that any objections to the issue of the notice received by the Collector within one month from the date when it is so posted up, will be taken into consideration.
(4) On the expiry of the said period of one month, the Collector, after considering the objections, if any, shall confirm or withdraw the notice.
(5) A notice published under this section shall, unless and until it is withdrawn, be conclusive evidence of the fact that the tank to which it relates is a derelict tank within the meaning of this section.

  • 1
    The words, comma and figure “under Chapter IV of the State Acquisition and Tenancy Act, 1950” were substituted for the words, comma and figure “under Chapter X of the Bengal Tenancy Act, 1885 or under chapter IX of the Sylhet Tenancy Act, 1936 as the case may be” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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