V <F-b? Registered No*A—12- THE ASSAM GAZETTE ' q « [ EXTRAORDINARY 2PW ®W PUBLISHED BY AUTHOR ITY ss. 49 fh«w, 12 vafsr̂T 1991, 22 e’®. 1913 "/’•*) Mo. 49 Di af tu r Fr id ay 12th Apri l 1991. 22nd Ghaitr a, 19)3 (S. 1 ) GOVERNMENT OF ASSAM (. RDE RS BY T HF GOVERNOR LEGISLATIVE DEPARTMENT LEGISLATIVE BRANCH NOTIFICATIO N The 11th April 1991 No-LGL . 157/78/371.-T h e fol'owing Act of the A'Sarn Legislative Assembly which received the assent of the Prcr ident is iereby published fcr gere ial infern alien.
60 THE ASSAM GAZETTE. EXTRAORDINARY, APRIL 12, 1991 Preamble ASSA M ACT NO . II OF 1991 (Received the asse nt of the Preside nt on 29th March 1991) THE ASSAM IRRIGATION (AMENDMENT) ACT, 1990 An Act to amen d t he Assam Irr iga tion Act, 1983 Whereat, it is expedie nt to amend the Assam Irr iga tion Act, 1983, (Assam Act. VIII of 1989), herei nafte r called the prin cipal Act, in the ma n ner her ein after appearing ;
It is her eoy enac ted in the For ty-firs t Year of the Repu blic of India as fo llows ■— Sho rt title 1- (1) This Act may be called the Assam and com™-irrigation (Amendment) Act, 1990.encement S V
(2) It sha ll be deem ed to have come into force on the 19th d ay of May, 1983.
Ame ndme nt o f Sect ion 2 of Assam Ac t V II I o f
1989.
2. In the principa l Act, in Section 2 the words the words
(1) In sub-section (2), for "Betterm ent Con tributio n Officer”, "Betterm ent Levy Officer” sha ll be subs titu ted;
(2) In sub-section (7) (i), aft er the words "Escape Chann el” , the word s "fro m irrigat ion wo rk” sha ll be inser ted;
(3) In sub-section (9), at the end of the exis ting provis ions, the following sha ll be ins er ted, nam ely :— "th e Gov ernmen t ini tia lly constructing field channel s upto 5 to 8 h ectares blocks at the pro jec t cost as pre scr ibed,”;
(4) In sub- sect ion (10), for the exis ting provis ion, the follow ing sha ll be substituted, nam ely THE ASSAM GAZETTE, EXTRAORDINARY. APRIL 12, 1991 261
(10) 'Field drain’ means the channel for the discharge of excess water from the field. This includes escape channels from the irrigation work s and other similar work s constructed and maintained by the owner or occupier or the State Gove rnment of Assam at the cost of the owner;” ;
(5) In sub-section (14), in clause (iii), after the words "and water-cours e,” the words "tanks and dams” , shal l be inserted.
rf̂ SectTon* 3- In the principal Act, in section 17, in sub- 17 oi Assam section (1), for the words " reconstructions, addiofCti989H tions”, appearing after the word "constructions ” , the words "expansions, improvem ents” shall be substituted.
T̂sectio6?1 4- In the principal Act, in section 34, in 34 ofAssa’n clause (d), the words "the requirement of” shall j9 ĉ 9 V I ir°f be inserted in between the word s "in rotation” and "oth er persons” , in place of word "to ” .
* Amendment 5. In the principal Act, in section 35, the 35 s ('( lo n terms begin ing with the word "i t” and ending Assam Act with the word "effect” , occurring afte r the words
1989. Ot "such kind of crop” shall be substituted by the following , nam ely :— "Govern men t having regard to soil charac teristics, climate, rai nfa ll and water ava ilab ility may, by notification, make a declaration to that effect.” ' Amendment In the principal Act, in section 57, in subcf section section (2), the words "Divisional Irrigation Offi- Ac^vin” c e r ” shall be substituted by the words "Collector of 1989. or a functionary as delegated by the distric t administration” . ______------ , 7. In the principal Act, in section 58,— Am end ment oi Sect ion ’ Act^mof1 (1) for the words "Div isional Irriga tion 1989 ° Officer” where ver occurs, the followi ng shall be substituted, n a m e ly — "Co llec tor or a functionary as delegated by the distr ict admin istration” ;
262 THE ASSA M GAZETTE. EXT RAORDIN ARY. APR. 12, iS91
(2) in sub-section (2), the colon (:), aft er the word s "Land Acquisition Act, 1894”, sha ll be dele ted and therea fte r the follow ing shall be in serted, na m el y:— "as amended from time to tim e.” cfmese“Fon 8 - I n prin cipal Act, in section 59, the term 59 of Assambegining wi th the word "become” occuring aft er t989V I1 I°f the word "sh all” shall be sub sti tuted by the term "be made as per provision of the Land Acqu isi tion Act, 1894, as amen ded from tim e to time.” ofnesec’iiont 9. In the prin cipal Act, in sectson 64, in clause 64 nf Assam (iiil. for the word "w ire”, the word "weir” shalloi Section . . . . . „ , 64 of Assam (in), for the word i989VI11 *fhe substituted.
Anendmeot 10. In the prin cipal Act, the exis ting proviof Section s io n in section 75, shall be sub sti tuted as follows, Act vin of namely :— 1989 "75. Notwi thst and ing anyth ing contained in the Code of Cr imin al Procedure , 1973 (Act II of 1974), the offences mentioned in section 69 from
(1) to (6) sha ll be cognizable and the offences men tioned in ser ial (7) to (12) sha ll be non-cogniza ble.” Amendment 11. In the prin cipal Act, in section 80, in subof '•ection section (1), the exis ting provision sha ll be substi- A«t viii of tut ed as follows :— 1989 “(1) All Lands req uir ed for cons truct ion, expansions, imorovemen ts, altera tions or rea lign ment of any irri gat ion work or supply work under this Act shall be acquired and tak en posse ssion of under the provisions of the Land Acqu isi tion Act, 1894, as amended from time to time, and the provisions of the said Act shall app ly to the determ ina tion of t he amo unt of compensations , app oin tme nt of the compensat ions and other ma tte r relating to the acqu isition of the said lands , rights and intere st.” K. LAS KAR, Sec reta ry to the Gov t, of Assam, Legisla tive Depar tment - \ AH ATI.—Printer: ai d published by the Dy. Director (P), Direr W iie of Ftp. rod U Sty ., t i v i l i i - I l , tl x -f net t- ) Nr. 97- &77-5CC-17 4 lP9i