Amendment status not verified — confirm the current text below against the official source.
(i) Whenever it appears to the State Governm,ent cons~ruc~ing , that in any area any public or private embankment, drairi- m a rntam· h k ·11 h · b d ing etc. ail or ot er wor s anc1 ary t creto reqmre to e protecte , embank~ent maintained or improved or that extension, construction, or drain. removal, repairs nr alteration of any such works should be regulated in public interest, the Government may, by notification it; the official Gazette, apply the provision of this section to such area. {ii) Any person . who, without the permission of the Deputy Commissioner or. the Embankment Officer con- structs, removes, alters or damages any embankment or drain, within the limits of any local area to which this section has been applied shall be punished with imprison- ment of either description which .may extend to a term of thre,:: years and to a fine which may extend to one thousand rupees. ,. · · (iii) The Deputy Commissioner or the Eµlbankmept ., .Officer · may by notice require any person, who cons- ··.' tructs or alters any embankment or drain in contravention : of the provisions of .sub-section (ii) above to remove the . "cs,ame within a r.easonable time to be specified in the notice . • ·J cfor. (iv) If any embankment or drain the removal of !> ,, of which has been required by notice under sub- ·;~~~tsection (iii) is not removed 'Nithin the time specified in 's'.for the notice, the Deputy Commissioner or the Embankment of Officer may cause the same to be removed. a},. (v) In case of grave and imminent danger to life :or property the Embankment Officer or Deputy Commis- . sioner may forthwith get unauthorised embankment or drain "or any obstruction to an embankment or drain removed and ·notify the persons concerned thereafter. (vi) The cost of the removal of any embankment or drain removed under the provision of sub-section (iv) shall be recoverable as an arrear of land revenue either from the person who constructed or. altered the embankment or drain or who caused it to be constructed or altered or jointly and severally from both such persons as the Deputy "·co.mmissioner may determine. · 17. In case of any accident happening or being appre~ bended to any embankment or drain, any Embankment :Officer or any person acting under his general or special :orders in this behalf may enter upon any Janel adjacent tQ ·such embankment or drain and may execute all work&' which may be necessary for the purpose of repairing .,damages or preventing such accident. In every such case the Embankment Officer or person 'acting under his general or special orders shall tender com- pensation to the owner or occupier of the said land for all damages done thereto. If such tender, is not accepted the Embankment Officer shall refer the matter to the Deputy Oommissioner who shall proceed to award compensation for the damages done in accordance with the provisions of sub- .<section (v) of section 3 of this Act · >,(' ~ ~ -.~ . . , ' ..... ?· 18. (i) In deciding on all questions inyol~_~ng technical ~ matters under the provisions of this Act, th"! D,eputy Com- '..missioner shall first consult the Public Works Department. (ii) Before any capital work is under,take.n 'the Public . ,ealth Department shall be consulted. ~t:,·; . , 19. Every. person authorised to function under any ·ovision · of this Act shall be deemed to be a "public fvant'' within' the meaning of the Indian Penal Code~ 4 ., ·• Actt XLV of 1.660. I. l: t r I ' ~