Print View

[Section Index]

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

( ACT NO. I OF 1953 )

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.

Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs