ASSAM ACT I OF 1954 THE ASSAM EMBANKMENT AND DRAINAGE ACT, (Received the assent of the President on the 22nd January '!954) ''Cost,'.
(Passed by the Assembly) [Published in the Assam Ga:r.ettc, dated the 3rd February, 1954j An Act to provide for better provisionfor the construction, removal and upkeep of embankments a11d for the drainage a11d improvement of lands in Assam.
WHEREAS it is expedient to replace the existing Act by Assam Act a new law with better provisions for the construction, main· VII of 1941.
tenance, management, removal and control of embankment and for the drainage and improvement of lands in Assam.
It is hereby enacted as follows : ---
1. (1) This Act may be called the Assam Embankment and Drainage Act, 1953.
(2) It extends to the whole of Assam.
( 3) It shall come into force on such date as the State Governm ent may specity by notification in the official Gazette in that behalf.
2. 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 u 1 pond 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 writ ten 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:;;siqner r 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,i damage 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- · ,P roen,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 ..i the .:, ;E,ljllpa_plqne.nt· Qifll<~ei::.-.,,wqen .:.· ·;1.:.,S\l;\,lg!it ,py_ ,.l},im. .
' " 4 Applicat!on 5. ( i) (a) If any person or body of persons desires that for a dram a bridge, culvert, syphon, sluice or any other device ' he ~~b~nk~:t mad_e i_n a1:1y public embankment for the purpose of drainage or a sluice in or- 1rr1gat10n ;
a public em bankment.
or
(b) if within any local area to which section 16
(ii) has been applied, any person . or body of - persons desires that any new embankment or drain be constructed or that any existing embankment or drain be altered or removed ;
Such person or body cif persons shall make an application in writing to the Deputy Commissioner of the District in which such embankment or drain is situated or proposed.
Fees on ap- (ii) At the time of making such application an appli plication. cant unless he is applying on behalf of a body of persons or the general public, shall deposit the sum of Rs.SO towards the expenses of survey, etc., necessary to investigate the soundness of the proposal. Provided that if during tLe enquiry it appears that the proposal is likely to benefit an individual only and the aforesaid sum of Rs.50 has not already been paid, the Deputy Commissioner or the Embankment Officer may call upon such individual to depo sit the said sum within a specified time and on his failure to do so, no action shall be taken on his application.
Procedure 6. (i) When an application has been made to the for enquiry. Deputy Commissioner under section 5, he shall forward the application to the Embankment Officer and if the Embank ment Officer . after necessary enquiry considers the petition as bona fide and the proposais put forward therein as sound, beneficial and feasible from technical point of -view he shall forward the proposals to the State Government with his recommendations sending a copy to the Deputy Commis sioner for information.
(ii) The State Government may, in certain cases, receive such application direct from the public and forward such application to the Embankment Officer calling for report on the feasibility, soundness or otherwise of the proposal from technical point of view subject to his being satisfied after enquiry that the ,application is bona fide and the rro posal embodied the:-ein is likely to be beneficial.
Preparation 7. Whenever from any action taken under sec.
of ~chemes tions 4, 5 and 6 it appears to the State Government for 1tmprovef- that any emban~Ihent or drainage work is necessary men o . .
drains em· for ·_ the improvement of any lands or for the proper bankU:ents ·cultivation or irrigation thereof or for protection and .flood from floods, other accumulation of water or from protectwn. ' erosion ' by a river or for the improvement of the health of · any tract, the State Government may cause a . detailed survey for the Scheme to be made and a scheme for such embankment or ·drainage work to be draw11 up by the Embankment -Officer and puLlished · toge ther witb,,an estimate of its cost and a statement cif such l 5 cost as the State Government · propose to recover by imposition of be-tterment cess or water rate ·and the period during ' which such imposition will be in force.
Provided that before taking any action under this section ,· the State Government shall consult the Railway or any - Local Body which is directly affected by any such scheme.
8. As soon as possible after the publication of a scheme under section 7, a Deputy Commissioner or where the Scheme affects persons in more than one District, the -Com missioner of Divisions, shall invite objections to the Scheme if any, by a proclamation, allowing one month's time, from the public and any Railway Administration, Local Board, Municipality or Town Committee likely to be directly affected. On receipt of any objections the Deputy Commissioner or the Commissioner, as the case may be, shall publish a notice stating the place, date and time at which an enquiry will be held for the purpose of ascer taining the validity or otherwise of the objections. After such enquiry has been compl<'lted, the Deputy Commissioner er the Commissioner, as the case may be, shall forward the objctions along wit~ his recommendations to the State Government.
The Deputy Commissioner or the Commissioner, as ·the case may be, at the time of heairng the objections, -shall obtain the advice of the Embankment Officer on technical points.
9. After taking into consideration any objections and recommendations made under section 8, the Sta te Govern ment may direct that the Scheme drawn up under section 7 with such consequenti<d modifications as Government deem ·necessary, be put into operation and completed forthwith or within such period as may be fixed.
10. (i) Whenever any:-
(a) obstruction is removed or embankment or drain removed, constructed or altered under sectfon 4 (il (a) and (h) ; or .
(b) embankment or drain<i.ge work carried out under section 9 ; or
(c) emergent work undertaken under section 16 (v) and in direct consequence thereof there has occurred stoppage or diminution of supply of water in any existing drain or accumulation or diminution of water in any place, · resulting in deter1oration in the productivity of any land or any other Joss or damage arising from any of . the causes ref~rre~ to in cla?ses" (a), (h) and (c) which is capable of bemg estimated ; or_
(d) right of fishery, right of drainage, right of use of water or other r~ght of property, other than those as mentioned above fias been injuriously affected ; any person ·f~eling -.
6 aggriev;ed by:afly of.the causes :r,eferred t9 in clauses (a); (b), (c) rand , (d) may .;,cJaim , compensMion ,[>efore:;the , Deputy Commis ,!Jsioner s'Within two ,1 years 1frOm Athe" date, of :-. ph;ysicaLcompletion of the work as :; potified .by ,the State Government and ,the _J),epu.ty · Commissioner sh<J.11 <J.ward . such .compensa tion · as he cons~ders fair , and· reas.onab,le after enquiry in the .prescribed .m<1-nn.er.
In determining the amount oLsuch cwmpensatipn regard shall be had •to ,the diminution,0£ .. the3nar.ket-valJ1e at , the time of ·OCCUP(ence of ,Joss or . ·damage of the pvoperty jn n ;spect of which compensation is claimed ; and,where ~uch ·m.arket ·va,lue is not ascertainable, .the ,amount ,of:-cornpensa ,tion may be reckoned. by, ta.king, into a.ccocunttthe 1 exteut of diminufionof estim.ated,annual net profit· ofrsuch pr<;lperty.
(ii) < An 'appeal against the decision bf. the · Deputy ' ·commissioner"' shall lie to the G(')urt,' but no· appeal shall be entertained unless:it is-made·within·90tdays· ofthe date of.the Deput)i·Cominissioner~s decision.
(iii) No claim for compensation shall . ht; ., enter tained after the expiry of two . years from the . date of the com:pletion as notified unless the Deputy Commissioner is satisfied that ' the claimant had sufficient cause for, not making tht: claim within such period: ·
Provided that no compensation .shall be · awarded for ' any' damage caused by :-
(a) deterioration of climate or soil ;
( b) stoppage of irr.igation .or of , the m,eans of d,r~fting timber or "Yatering cat~le ;
(c) displacement of labour;
(d) stoppage or diminution or increase of.percolation .
or floods. · - Levy of rate, 11. For all · works carrif".d out unde_r section ~ t~e cess aad State Government may, unless they decide . otherwise m premium. vspecific caS'eS ,· levron settled land an ar;mual , water rate or betterment cess and on unsettled Government waste land improved ·by the works, a .. premium, payable on ·settlement of ' stich;land,· ,and an annual water · rate or . betterment cess, so -as tq realise the initial .cost ·of the Scheme in full or in part and·that of its mainten::mce in the manner as Government may · prescri~e"" ' !The tota~ a1;mual water rate, betterment -cess '"Of premium to be levied under a scheme shall be fixed -as nearly as .. possible ·so as · not to exceed the following limits:~ ' · ·' (i) Six per cent, ,, per, annum on: the_, first cost of the said works aqding thereto the, .estimated .yearly cost of · inaintenance 'a'nq"supervision ofthe, aame. ·
(ii)' f3uclf ):ate may. beyaried. from , ~ime to time within sue!\ ., 0 ll.l<Pc4tlu'm py the. S,tate,1Gover,nment.
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(iii) Anfrate chargeable under the Act shaH'be termed either'." Water rate'1' or "Betterment Gess" as the case may b~'iiiid shall · be recoverable in- the same manner as land revenue:·•
Provided ·that if the State Government be satisfied that due to any unforeseen circumstances or natural causes any area or part thereof falling under a Scheme ceases to ' receive any benefit in full or part from such Scheme, the State Government may, by a notification in the Official ,Gazette, abate or : ·reduce the bettermen~· cess or water-rate for so much of the area as may be 'determined·.1 12: It shall ;·be lawful for ' the State Government to levy"a similar ' Water Rate or Bett:ernient Gess on land improved by Embankment and Drairiage Schemes executed . b~ l the Government before the commencement of this Act ore and take action under section 13 for such lands as if this Act ' Ms·been in force 1from ·before.
tion 13.' As soon as possible ' after ; a Scheme comes into ule operation' under this Act the State Government· shall get a 8 ' Schedule · of lands'; chargeable under · the Scheme as req~ired . under section 11, prepared by the Deputy Commiss1 oner. .
The Deputy Commissioner shall, in consultation with ' the·•·Embankment Officer; cause to . be prepared: from caclastral or other maps .. of the district a map showing·. the · boundaries of. · land that has been· improved under the Scheme . and a Schedule of estates shown therein together with·irates proposed to be charged per · bigha . according , to thc·degree of benefit derived.
' The 'Depuly Commissioner shall publish tpe Schedule .
mentioned above, in such places as may be deemed necessary and then invite objections, if any, by a proclama tion allowing one month's time. On receipt of any objection th~e' Deputv Commissioner shall publish a · notice stating the place; date and time· at which the enquiry will be held for th'e p.urpose of ascertaining the validity of the ,objections.
Any persbn aggrieved by the decision of the · Deputy ·Com mission'er may' app'eal to the Commissioner within one· • month' from such decision. After the period '"of liinitAtion ' . and in case there is an appeal, after the decision (;f the · . Co1nmissi0ner, the Deputy· Commissioner :s.hall forward the Schedule with 'any· consequen dal modification'!J made the.rein tOI the'' State Government for approval;
, After such . approval of the rates and 'scheduler'of the · ,}a:nds 'with or without any ·modi'fications; found necessary by ;
. thr: State· G0vetnment, the ,rates will become payable' fl'om , suc-h date as may be specified. · ·' ~ .
8 Ves~ing of 14. The right of access to and maintenance of any c~rhtau:i 1 embankment or drain or portion thereof, constructed ng t m t ie . . d . d d . . f h" A ' State. improve or repaire un er any prov1s1011 o t is ct, shall vest in and be under the control and administration of the State Government.
Penalties 15. (i) Any person who , without the permission of the for trespais Embankment Officer-- ' · on embank- · men ts or drains.
(a) grazes any cattle or allows any cattle belonging to him or in his charge to trespass on any public embankment or drain or
(b) cuts or uproots or otherwise damages any trees, shrubs or grass growing on any public embank ment or drain or
(c) takes any vehicle over or across any public em bankment or drain or
(d) damages or obstructs any embankment or drain constructed, repaired or maintained under the provisions of this Act or
(e) constructs, removes or alters any embankment or drain in such manner as will adver~ely affect the area served by the scheme under this Act shall be punished with imprisonment of either description for a term which n1ay extend to six months, or with fine which may extend to two hundred rupees, or with both.
(ii) No person shall, without due authority, cut through any embankment or drain or destroy or attempt to destroy, any such embankment or drain or open or shut or obstruct any sluice in any such embankment or drain or any public water course; and every person who commits any breach-of the provisions of this sub-section shall be liable to imprison ment of either description which may extend to a term of three years and to a fine which may extend to one thousand rupees.
Penaltiedor 16. (i) Whenever it appears to the State Governm,ent cons~ruc~ing , that in any area any public or private embankment, drairim 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 . "c s,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 ' ~
1.
11.
Power to make rules.
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20. The State Government may subject i:o the condition of previous publication make rules generally to carry out the provisions of this Act and in particular to regulate the following matters:- .
(a) the proceedings of any officer who, under any provision of this Act, is required or empowered to take action in any matter ;
(b) the manner in which any order or public notice issued under the provisions of this Act shall be published;
(c) the manner in which assessment and recoverv of costs under this Act shall be made. · Indian Rail- 2 l. Nothing in this Act shall affect the provisions of the way1 Act I d' R 'l " · 1890 (Act n ian a1 ways r.ct, 1890.
IX of 1890) not affected.
Repeal, 22. The Assam Embankment and Drainage Act, 1941 is hereby repealed.
ASSAM ACT II OF 1954 THE SHILLONG (RIFLE RANGE AND UMLONG) ASSIMILATION OF STATE LAWS ACT, (Passed' by the Assembly) ( Received the assent of the President on the 15th February 19.H ) [Published i~ the Assam Gazette, dated the 24th February 1954] An Act to assimilate laws in force in the Scheduled areas to the laws in force · Khasi and Jaintia Hills District.
" Preamble.- Whereas it is expedient to assimilate the laws in fore!'! in th Scheduled areas with respect to the matters enumerated in List II in the Seventh Schedule to the Constitution, to the laws in force with respect to the said matters· in the Kha$i and Jaintia Hills District in the manner hereinafter appearing;
It is hereby enacted as follows :- ·
1. Short title, extent and com.mencement.-(1) This Act may be calle the Shillong (Rifle Range and Umlong) Cantonments Assimilation of State La Act, 1953. r ·
(2) It extends to the Scheduled areas.
(3) It shall come into force on such date as the State Government may, b}:
~: 1 notification in the official Gazette , appoint. · , · f'! 2. Definitions.~In this Al:t- , · . .~ " (a) 'Law' means any Act, Ordinance, Regulation, Rule, Order or Bye law relating to any of the matters enumerated. j n Ust II in the Seventh Schedul to the •Constitution. ·
(b) · 'Sr;:heduled Areas 1 mean the areas specified in the Schedule. •!
3. Assimilatio~ of Laws.-(1) All laws which immediately · before· tq