Amendment status not verified — confirm the current text below against the official source.
In this Act, unless there is anything repugnant in the subject or !:ontext,- (i) "Cattle" include also elephants, buffaloes, horses, ponies, mules, asses, pigs, sheep and goats. (ii) "Cost'' means the capital cost of a work includ- ing that of the connected survey but does not include any maintenance or interest charges. (iii) "Court" means a principal Civil Court of original jurisdiction. "De p u t y (iv) "Deputy Commissioner" means the Deputy Comm is- Commissioner of the district in which any embank- iioner". mentor drain is situated or proposed and includes the Additional Deputy Commissioner of the said district or any other officer empowered by the State Government to discharge the fonctions of a Deputy Commissioner urider this Act. . (v) "Drain" includes dongs and irrigation channels in the plains, a tunnel, a culvert, a ditch, a channel, a canal, a syphon, a sluice or artificial water course of any other des- cription and any other device for excl;iding, regulating or retaining water, rain water, flood water o'r sub-soil water. "Embank- · (vi) (a) "Embankment" means any embankment, mcnt". public or private, constructed for the purpose of excluding, regulating or retaining water and ifidudes all earthen or masonry walls, dams, spilways, piers, groins, sluices, syphons water gauges, bench-marks and other works connected with any such embankment and land appurtenant thereto ; but does not include any "ali" or ridge surrounding or dividing a field <?r any public or privat~ road, , · . · \ !'Private Embank- ment9'', 2 (b) "Private Embankment" means any embankment ·whiCh is not a public embankment: ''Public Em- ' (c\ '"Public Einbankmerit" means an embankment bankment". vested' hrthe ·S'tate Govetnmenfor under the control and·· administration of the State Government or any Local Board, Municipal Board or Town Committee. "Embank· (vii)' ''Embankment Officer"'. means the Executive ment Engineer of any Division and'' any other officer not below Offic~r". the rank of Executive Enginee'f 'whom the State Government may declare to be such. , "Occupier', (viii) (a) "Occupier" means the person residing in or in possession of any house, land or place. '-'Owner... , (b) "Owner" sh11ll include proprietors and settlement holders as defihep in the Assam Lan,d ·· and · Revenue Regu-· lation.~ · ias6·. (Regtilaiion I of 1886) and every intermediate tenant between the proprietor or settlement holder and the occupier and 'Yith respect to unsettled waste land", shall mean State Govefoment. "Prescrib· (ix) "Prescribed'~ means pres·cribed by rules made ed" • under this Act. Right of 3; (i) Whenever it appears to the-State Government en~ryt u1pond that any embankment or drainage work is likely to pnva e an b · l l' 'fi · h and pay- e necessary m any oca 1ty, a notJ 1cat10n to t at ment for effect ' shall be " published · in the official Gazette, and damage. the Deputy. Commissioner shall cause publfo notice of the substance of _such' notification to be given at convenient places in the said locality on a date not less · than 2 months in advance of taking up the execution of works. (ii) Upon publication of the notification under sub- section''(i) it shall be lawful for " any officer generally or specially authorised by the State Governmeilt in thi~ behalf and for his servants ·and · workmen to enter upon, survey anc:J take levels of any land, whether. cov!!red · with· water or not ; to dig or bore into the sub-soil to make and set up suitable land marks, level II}arks · and water gauges and do all acts necessary for inv~stigation or survey of a scheme, or collection of information and data under this Act. (iii) When for the purpose of such inquiry it appears to' the officer authorised under ;~ub-section (ii) that it is in- dispensable to cut down and clear away any part of any standing ·cropi; fence, trees or jungle, he or any ·other person acting undfr his ' ord~rs may do so provided that as ' far as possible cuttiilg'of'crops should be avoided. ·(iv)'' Every proprietor and settlement holder of any I .land and· every person entitled to · receive rent in respect · of any land ' or occupying any. land as a-· tenant shall ·on ' the written requisition of the ~mbankment Officer furnish direct such · information· or assistance as · mar be requ'ired ' by the' Officer for the- p'urpose· of collecting necessary data ' for any proposal under the Act ;3 Provided ' that if tht:haforesai& .. Officer p_r ,perspn,.acting .under hi~ orders prp.poses tq ent.e~ ,iqto.any )el)clqs,ed .GQU.rt or gard~n · ;:tttached to lJ.1dweliilJ.g,house; .he shall,,pr.e.vimisly ,give the occupier of such court or garden at :. I.east .' 2 ;1 days' notice in writing of his intention to do so. (v) The Officer · so autliorised shall pay or tender payment· for all damages done as aforesaid within one month of such entry and in case of any· dispute as to the sufficiency of the amount so paid or tendered or as to • ~he rig ht to re<.::eive ·such compensation, the, matter,,i;;hall be , refi~rred _, to • the ... Deputy Oommi:;;siqnerr for ··decisiQn·Pn.51n application. , b,eing made;. by "the person entitled to reCtei,ye compensation within 6 months of the date on ·6W:hich the payment is tendered or made. Thereupon the Deputy ,_,Co~Il,lissipner shall: make a gecisi9n. ~hich shall .be gased, e,:m :i.n. eqqt1iry .: held eitqer by .J1ir.ns,elf :or pY.;~ a Gazetted . Officer not, bel0w. the,r.ank . of an 1 Extra 1 ,Assistant '.Oommiss,lo,-ier[ aµthotise~ 'bx him in this. behalf. . . I ' - • , (vi) A person aggrieved . by the decision \ of;. the Deputy Commissioner may. within one month. of the . .decision apply.to.the Deputy Co!:Jlmissioner for. referring1th(fim.atter to the. Court. Officer shall have . power to (a),•Rem0ving. or .altering any embankment. or<dr-ain or any obstruction- of . any kind which ,in his opinion . endangers the safety of~.any, town or in.habited. area, or is dikely · to ' cause,idamage to crop and , .extensive loss , of property by . interfering.with the.general drainage .or-the flood drainage of any tract of land ; and , ; (b} Constructing any embankment or:drain1 which. in .. his,opiniow will impi:ove the land and. cultivat~on .of an area or' the.absence of which , .in - his opi- ,,nion endangers; the safoty of any. iuh(}.bited area or cause"' flooding.otfailure·,.of·crops; · . ,(ii) , For Jhct;;pu,rpo,se_of,i,nitiating a scheme , ;is, ,above, . the , ~mba_pk,ment Q,ffiqer fipall l!lake, pr~Jiaj;na,ry . inyestjgat!on, j,md \tiCo.nn,~i,s1n9e 1 ~~-urve¥~ as.; ;J:ie Ji,µds-1 necessary c; to qome ~<;.>, a ,cq9~h1si.911- 1 reg~rd• i,ng th ct fei~.siqility a!!dr sp!fnQ~neSSi of Jh,t:h ~Jl~,gie .,,,b_efore Ji,e ~t1-'i?l;ll.it~J:,h~__,s_am~ ~,tQ cthy)?,t~J~ G.P.~~rn- · ,Proen,t , \yith. Q~S r«i<COII~l;nep~~iOQS. JfewjlJ;o<J.:lSO " o,}?~~in the, ppinion, of~,tP.~ttDist~iat Htiads . >1or~he J;;>ep<;l~}.IJ!yPt§JOf R~yen~c;,.,f\glii~tdJ~re a.i;id Ji>.1:11.>lic . -,lj!~~1.th -tqctJ:i.e .p;t.9P9.Sa!s., whci: s,:qalli!J:llPisl!- :.tl}eir ,1. 1gpjniol}; to ..ithe .:,;E,ljllpa_plqne.nt· Qifll<~ei::.-.,,wqen .:.· ·;1.:.,S\l;\,lg!it ,py_ ,.l},im. . ' " 4 Applicat!on