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THE EMBANKMENT AND DRAINAGE ACT, 1952

(EAST BENGAL ACT NO. I OF 1953).
  Part No : Chapter No : Section No: [ 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 2
 
    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
48. Inquiry
49. Apportionment amongst owners of lands
50. Payment of amount apportioned
51. Interest payable on amount apportioned
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
 
 

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