The Embankment and Drainage Act, 1952 (East Bengal Act)

( ACT NO. I OF 1953 )

[ 7th January, 1953 ]
An Act to consolidate the laws relating to embankment and drainage and to make better provision for the construction, maintenance, management, removal and control of embankments and water courses for the better drainage of lands and for their protection from floods, erosion or other damage by water. 1♣ ♠

 
 
 
WHEREAS it is expedient to consolidate the laws relating to embankment and drainage and to make better provision for the construction, maintenance, management, removal and control of embankments and water courses for the better drainage and improvement of lands in the territories comprising the province of East Pakistan and for the protection of such lands from floods, erosion or other damage by water, it is enacted as follows:-
 
 
 

CONTENTS

SECTIONS

Part I

PRELIMINARY

1. Short title, extent and commencement

2. Repeal of former Acts

3. Definitions

4. Vesting of public embankments, water-course, etc., in Government or Authority

5. Lands used for obtaining earth, etc., to be at the disposal of Government or Authority and survey thereof

6. Notification

Part II

POWERS OF ENGINEER

7. Powers of the Engineer

8. General notice and filing of objection

9. Hearing of objection

10. Order after inquiry

11. Appeal from order of the Engineer

12. Order of the Government

13. Special power conferable by Government

14. Alteration of road, etc., interfering with drainage

15. Application for construction of sluice embankment, water courses, etc.

16. Power of removal of houses, trees, etc.

17. Procedure where land likely to be benefited or affected are in different areas

18. Power to make repairs

19. Construction of temporary dam, road-way or water courses

20. Opening and shutting of sluices

21. Power to enter into and survey lands

22. Power to take earth, etc., from land

23. Lands rendered unfit for cultivation

Part III

PROCEDURE IN CASES OF IMMINENT DANGER TO LIFE OR PROPERTY

24. Proceedings in emergencies

25. Restoration of land, etc.

26. Proceedings in case of lands in different Divisions under Water Wing of Authority

Part IV

ACQUISITION OF LANDS AND COMPENSATION

27. Acquisition of land

28. Compensation for damages

29. Limitation to claims or damages

30. Procedure for compensation

31. Matters to be and not to be considered in determining compensation

32. Acquisition of land in emergency

33. Claims for compensation in case of acquisition of lands in emergency

34. Service of special notice

35. Determination of compensation for acquisition of land in emergency

Part V

COST OF WORKS, PROCEEDINGS, ETC.

1. Ascertainment of costs

36. Embankment in Schedule A

37. Exclusion from Schedule A

38. Addition to Schedule A

39. Estimates and specifications to be prepared

40. Preparation of further estimates and specification

41. Estimates, etc., open to inspection

42. General notice of receipt of estimates, etc., and objections

43. Preparation of accounts and Engineer's certificate

44. Notice of receipt of accounts and objections

45. Total sum payable

2. Liability for costs, apportionment and recovery thereof

46. Persons liable to pay

47. Notice to be given before apportionment

2. Liability for costs, apportionment and recovery thereof

48. Inquiry

2. Liability for costs, apportionment and recovery thereof

49. Apportionment amongst owners of lands

50. Payment of amount apportioned

2. Liability for costs, apportionment and recovery thereof

51. Interest payable on amount apportioned

2. Liability for costs, apportionment and recovery thereof

52. Apportionment of further expenses

53. Final order of apportionment and publication thereof

54. Recovery of sums apportioned

Part VI

PENALTIES

55. Penalty for obstructing persons in exercise of powers under this Act

56. Penalty for unauthorised interference and abetment thereof

57. Penalty for injuring embankment, etc.

58. Penalty for diverting rivers or grazing cattle on embankments

59. Removal of obstruction and repair of damage

Part VII

MISCELLANEOUS

60. Powers regarding examination of witnesses, etc.

61. Bar to impeachment of proceedings

62. Appeals from orders

63. General control of Engineers and Project Directors

64. General control

65. Disposal of land not required

66. Delegation of powers of Collector and Engineer

67. Power of revision of the Government

68. Public servant

69. Jurisdiction

70. Bar to suits, appeals and applications

71. Savings

72. Indemnity

73. Power of Government to make rules

74. Excluding from operation of the Act

Schedule

SCHEDULE