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

( ACT NO. I OF 1953 )

Powers regarding examination of witnesses, etc.
60. In any enquiry or appeal under this Act, the Engineer, the Project Director of the Authority, the Deputy Commissioner and the Authority shall have the same powers as those conferred on Courts by the Code of Civil Procedure, 1908, of summoning and examining of Act witnesses and compelling the Production of documents.
Bar to impeachment of proceedings
61. No proceedings under this Act shall be impeached or affected by reason of any mistake in the name of any person thereby rendered liable to pay any sum of money, or in the description of any land in respect of which such person is rendered liable to pay, provided the provisions of this Act and the rules made thereunder are in substance and effect complied with; and no proceedings under this Act shall, for want of form, be quashed or set aside in any Court of Justice.
Appeals from orders
62. Every order passed by the Engineer in respect of applications made under section 15 and every order passed by the Engineer under section 42, shall be appealable to the Project Director of the Authority concerned, and every order passed by the Deputy Commissioner under section 44 or section 53, shall be appealable to the Commissioner of the Division; but no appeal shall lie under this section against any order unless the same be presented within thirty days from the date of the order.
General control of Engineers and Project Directors
63. The powers conferred on the Engineer under this Act shall be exercised subject to the general control and orders of the Project Director of the Authority, to whom he is subordinate, and the powers of the Project Director of the Authority shall be exercised subject to the general control and orders of the Commissioner, Water Development of the Authority.
General control

64. All the powers of a Deputy Commissioner under this Act shall be exercised under the general control and orders of the Commissioner of the Division, and all the powers of the Commissioner shall be subject to the similar control and orders of the Board of Revenue.

Disposal of land not required
65. Whenever the maintenance of any public embankment, or the retention of any land appropriated to the purposes thereof, may no longer be required, such land shall be disposed of by the Deputy Commissioner in such manner and subject to such conditions as may be prescribed.
Delegation of powers of Collector and Engineer
66. (1) The Deputy Commissioner or Engineer may delegate any of his powers to any officer subordinate to him, but any order passed by such officer in exercise of any of the delegated powers shall, on the presentation of a petition by the aggrieved person within thirty days of such order, be subject to revision by the Deputy Commissioner or Engineer, as the case may be.
 
 
 
 
(2) An order passed by the Deputy Commissioner or Engineer under sub section (1) shall be subject to the foregoing provisions of this Act as if it were an original order passed by them.
Power of revision of the Government

67. Any order passed by any authority under any provision of this Act shall be subject at any time to be varied or set aside by the Government.

Public servant
68. All officers empowered to act under any provision of this Act and all persons authorised by such officers shall be deemed to be public servants within the meaning of section 21 of the 1[* * *] Penal Code.
Jurisdiction
69. All offences created by this Act shall be enquired into and tried by a Magistrate of the first or second class.
Bar to suits, appeals and applications
70. Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, no civil Court shall entertain any suit, appeal or application relating to any act or work, the execution whereof is or has been proposed or undertaken by the Engineer under the provision of section 24.
Savings

71. (1) The cost payable in respect of any act, work or repair which has, before the commencement of this Act, been completed under the provisions of the enactments repealed by section 2, shall, notwithstanding such repeal, be recoverable under the provisions of the enactments so repealed.

 
 
 
 

(2) Any act or work of the nature referred to in section 7, or any repair commenced under the provisions of the enactments repealed by section 2, which remains pending on the date of the commencement of this Act, shall be deemed to have been commenced under the corresponding provision of this Act and shall be continued, so far as may be, in accordance with the provisions of this Act.

Indemnity
72. No suit, prosecution or other legal proceeding shall lie against any person for anything which is, in good faith, done or intended to be done under this Act.
Power of Government to make rules
73. (1) The Government may, after previous publication, make rules to carry out the purposes of this Act.
 
 
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -
 
 
 
 
(a) the regulation of the proceedings of any officer who, under any provision of this Act, is required or empowered to take action in any matter;
 
 
 
 
(b) the manner of demarcation of plots or parcels of land under section 5;
 
 
 
 
(c) the form of any notice, notification, proclamation or order required to be served or published under this Act and the manner of service or publication thereof;
 
 
 
 
(d) the fixation of the proportion of establishment charges under sub section (6) of section 7;
 
 
 
 
(e) the person by whom, the time, place or manner at or in which anything for the doing of which provision is made in this Act, shall be done;
 
 
 
 
(f) the fee payable for taking copies of estimates, specifications, statement and other documents; and
 
 
 
 
(g) the amount of any charge made under this Act.
Excluding from operation of the Act
74. Nothing in this Act shall apply to any embankment, land or water course which is under the operation of any of the Acts mentioned in Schedule B to this Act.
 
 

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