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06/12/2022
Laws of Bangladesh

The Development Act, 1935

( ACT NO. XVI OF 1935 )

Power to modify obstructions to the passage of water through or over land
32.(1) The Government may, by notification, declare that in any area specified in the notification every person shall be bound, for irrigation purpose or for the drainage of land which has been irrigated, to afford a free passage to water through or over any land in his possession or under his control.
 
 
(2) After the issue of a notification under sub-section (1) the Collector, if in his opinion the free passage of water through or over any land in such area is necessary for irrigation purposes or for the drainage of land which has been irrigated, may, subject to rules made under this Act, from time to time, issue a general or special order upon persons who have such land in their possession or under their control to modify, in such manner and within such period as may be specified in the order, any artificial obstruction that exists on such land to such free passage, or to show cause against such order.
 
 
(3) If the Collector is not satisfied with any cause that may have been shown, he shall fix a further period within which the obstruction shall be modified.
 
 
(4) If any person fails to comply with an order under sub-section (2) or sub-section (3), or under section 37, in respect of such modification, he shall be liable on conviction by a magistrate to a fine not exceeding fifty 1[Taka] for each such offence, and to a further fine not exceeding five 2[Taka] for each day after conviction during which the obstruction remains unmodified, and the Collector may cause the obstruction to be modified and may recover the cost of modification from such person.

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