The J 6th July 1960 No.LJR.24 /53.-The following Act of the Assam L('gislative A~semblv which received th e assent of the President is hereby published for general informa tion.
(Received the assent of the P:resident on the 9th July 1960) ASSAM ACT No.XXVI OF 1960 THE ASSAM EMBANKMENT AND DRAINAGE VALIOATION ACT, 1960 (As pass~d by the Assembly) [Published in the Assam Gazette, Extraordinary dated the 16th July 1960] An Act to validate the execution of certain Embankme~t and Draina~e · Schemes . .
Preamble WHEREAS it is expedient to validate the execution of certain embankment and drainage schemes for the purpose and. in the manner hereinafter appearing ; · 0 ' f ,, ( I ,, J.
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I ! • 2 It is hereby ena~t~d in the Eleventh Year of the Republic of India as follows:- Short title, 1. (1) This Act may be called the Assam Emextent and bankment and Drainage Validation Act, 1960. ., comm en•• ·1 cement (2) It extends to the whole of Assam.
· (3) It shall come into force at once. :;
Validatiou 2. (1) Notwithstanding anything contained in the Assam Act ·l'.'
of embanit- Assam Embankment and Dramage Act, 1953 (herein· 1 of 1954. ·.
mei;it and after referred to as the "said Act") any scheme of ;_.
dram age · · ' ~~
1ehom.es embankment or drarnage work executed or under ;
already ex~cution or caused to be executed by the State 1 executed. Government for tne purposes of improvement of any ·.-~ lands or for the proper cultivation or irrigation there- ~ of or for protection from floods, other accumulations ;
of water or from erosion by a river or for the improve- ~ ment of the health or any tract at any time during the ;
period from the 1st day of February, 1955 to the date of commencemeut of this Act shall be valid and shall be dejtmed always to have been validly executed under the provisions of the "said Act'', and shall not be called in question on the ground only th at noti· ficatiom were not published or objections were not called for or any other acts or things were ncJt done by the State Government as required to be ,,ublished, called for or done under the "said Act".
(2) The State Guve'rnment may, after the com mencement of this Act, levy water rate, betterment cess or premium on land improved by embankment and drainage schemes executed by the Government under sub-section (1) at the same rate and in the same manner as provided in section 11 of the "said Act".
Compen• 3. While putting into operation the embankment sadon. and drainage schemes under sub-section (1) of section 2 of this Act, if any person has claimed any compen sation for any los3 sustained by him, the Deputy Commissioner shall award such compensation as he considers fair and reasonable in accordance with the principles laid down in section 10 of the "said Act".
Protection 4. No suit, prosecution or other legal proceedings ofact~on shall lie against any person for doing anylhing which · ta~e( !0h is in good faith done or intended to be done in g:>o ait • connection with the embankrr ent a 1 d drainage schemes deemed to have been executed under section 2 of this Act.
Rem oval of 5. If any doubt arises as to the interpretation of the .
doubt~, provisions of this Act, or the applicability of any of its provisions, the State Government may, as occasion may require, by vrder, do anything, not inconsistent with the purpose of this Act, as appear to them to be necessary or expedient for removing the doubt.
P. 0. DAS, Dy. Secy. to the Govt. of Assa m, Law Deptt.