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The Tanks Improvement Act, 1939 (Bengal Act).

( ACT NO. XV OF 1939 )

Restoration of possession of land adjoining a derelict tank and the retaking of possession of such land
9B. (1) Notwithstanding anything contained in section 9A, if the person recorded as entitled to possession of any land adjoining a derelict tank in the record-of-rights referred to in section 22 or his successor-in-interest is not the person recorded as entitled to possession of such derelict tank in the record-of-rights referred to in the said section or his successor-in-interest, then the Collector may, at the request of the person so recorded as entitled to possession of such land or his successor-in-interest or of the authorised person at any time after the required improvements in the tank have been completed, by an order in writing, restore the possession of such land to the person so recorded as entitled to possession of such land or to his successor-in-interest, although the possession of the tank by the authorised person has not terminated, and when the possession of such land is so restored all rights in the land which existed prior to the time when possession was first taken of the land under section 6A shall be revived:
 
 
Provided that before the Collector takes any action under this sub-section at the request of any person other than the authorised person, the Collector shall give the authorised person a reasonable opportunity of making any representation he may like to make and the Collector shall consider any representation so made.
 
 
 
 
(2) The person to whom the possession of such land has been restored under sub-section (1) shall not use it in such manner as may cause damage to the banks of the derelict tank or may affect the use of the tank for the purposes of irrigation and pisciculture.
 
 
 
 
(3) If the person referred to in sub-section (2) fails, in the opinion of the Collector, to comply with the provisions of that sub-section, the Collector may,-
 
 
 
 
(a) again empower the authorised person by an order in writing to take possession of such land whereupon the authorised person shall forthwith take possession thereof, or
 
 
 
 
(b) if he is the authorised person, himself again take possession of such land by order in writing,
 
 
 
 
and the authorised person so taking possession of such land again shall retain such possession as long as he remains in possession of the tank.
 
 
 
 
(4) Every order made under sub-section (3) shall specify the boundaries of the land to which it relates 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 land and shall be in such form as may be prescribed.

  • 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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