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

( ACT NO. I OF 1953 )

Penalty for obstructing persons in exercise of powers under this Act
55. Whoever wilfully obstructs any person duly authorised under this Act in removing or levelling any embankment, house, hut or other building, or in the lawful exercise of any of the powers conferred by this Act, shall be liable to imprisonment of either description for a term which may extend to six months, or to fine which may extend to two hundred rupees.
Penalty for unauthorised interference and abetment thereof
56. (1) Any person,-
 
 
 
 
(a) who, without the previous permission of the Engineer, erects, or causes or wilfully permits to be erected, any new embankment, or adds to any existing embankment, or obstructs or diverts, or causes or wilfully permits to be obstructed or diverted, any water course, if such act interferes or is likely to interfere with, counteract or impede any public embankment or any public water-course;
 
 
 
 
(b) who, within the limits of the tract included in any prohibitory notification under section 6, without the previous permission of the Engineer, erects, or causes or wilfully permits to be erected, any new embankment, or adds to any existing embankment, or obstructs or diverts, or causes or wilfully permits to be obstructed or diverted any water course; and
 
 
 
 
(c) who abets any such act as is mentioned in clauses (a) and (b), shall be liable, on conviction, to fine which may extend to five hundred rupees or, in default of payment, to imprisonment of either description for a period not exceeding six months.
 
 
 
 
(2) This section shall not render unlawful the repair of a breach or cut in an embankment so as to restore the embankment to the same dimensions as it had immediately before such breach occurred or cut was made; provided that-
 
 
 
 
(i) such cut was not made under the orders of the Engineer;
 
 
 
 
(ii) such repair is made within one year after such breach occurred or cut was made; if, however, the repair cannot be completed within this period, the sanction of the Engineer shall be obtained to the completion thereof;
 
 
 
 
(iii) such breach or cut forms a gap or, if unrepaired may form a gap between two portions of an existing embankment which were continuous before the breach occurred or cut was made;
 
 
 
 
(iv) the part of the embankment, in which the breach occurred or cut was made, was not erected or added to in contravention of this section or of any law for the time being in force.
Penalty for injuring embankment, etc.
57. Whoever, without due authority in this behalf, cuts through or attempts to cut through any public embankment, or destroys or attempts to destroy any such embankment, or opens or shuts or obstructs any sluice in any such embankment or any public water course, shall be liable to imprisonment of either description for a term which may extend to one month or to fine which may extend to two hundred rupees.
Penalty for diverting rivers or grazing cattle on embankments
58. Whoever, without the permission of the officer in immediate charge of the embankments, makes any dam or other obstruction for the purpose of diverting or opposing the current of a river or water course wherein or whereon there are public embankments; or,
 
 
 
 
When required by the Engineer, refuses or neglects to remove any such dam or obstruction so made by him; or, without the permission of the Engineer or of the officer in immediate charge of the embankment previously obtained, cuts or otherwise alters the banks of any embanked river or water course or removes the earth from any public embankment or drives stakes into it, or, by any other wilful act, destroys or diminishes the efficiency of such embankment, or causes or knowingly and wilfully permits any cattle to graze upon any such embankment, or tethers or causes or wilfully permits any cattle to be tethered upon any such embankment or root up any grass or other vegetation growing on any such embankment, shall be liable to imprisonment of either description for a term which may extend to six months or to fine which may extend to two hundred rupees.
Removal of obstruction and repair of damage
59. The Magistrate, while convicting any person of an offence under any of the three last preceding sections, may order that such person shall remove the embankment or obstruction, or repair the damage, in respect of which conviction is held, within a period fixed by such order.
 
 
 
 
If such person neglects or refuses to obey such order within the period fixed, the Magistrate may cause such embankment or obstruction to be removed and such damage to be repaired by the Engineer; and the cost of such removal or repair shall be levied from such person, in addition to any other penalty, in manner provided in sections 386, 387 and 389 of the Code of Criminal Procedure, 1898.
 
 
 
 

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