Assam Embankment and Drainage Act, 1953 (Act No. 1 of 1954)

Preamble. THE ASSAM EMBANKMENT AND DRAINAGE ACT, 1953 [AsSAM ACT No. I OF 1954] An Act to provide for better provision for the cons truction, rem.oval and upkeep of errrbarrk m.ents and for the drainage and im.provem.ent of lands in Assam.. WHEREAS it is expedient to replace the existing Act by Assam a new law with better provisions for the construction, main- VII of terrance, management, removal and control of embankment and for the drainage and improvement of land, in Assam. IT is hereby enacted as follows : Act 194[, Short title. I. (I) This Act may be called the Assam Embankment extent and and Drainage Act 1953. commence- , ment, (2) It extends to the whole of Assam. (3) It shall Come into force on such date as the State Government may specify by notification in the Official Gazette in that behalf. "Ca.ttlc". "Courl" . "Deputy Colll-mis sioner" . "Embank ment" .. 2. In this Act, unless there is anything repugnant in the subject or context, (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 main terrance or interest charges. (iii) "Court" means a principal Civil Court of on ginal jurisdiction. (iu) "Deputy Commissioner" means the Deputy Com missioner of the district in which any embankment or drain is situated or proposed and includes the Additional Deputy Commissioner of the said district or any other officer empo wered by the State Government to discharge the functions of a Deputy Commissioner under this Act. (u) "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 excluding, regulating or retaining water, rain water, flood water or sub-soil water. (vi) (a) "Embankment" means any embankment, public or private, constructed for the purpose of excluding, regu lating or retaining water and includes all earthen or masonry walls, dams, spillways, piers, groins, sluices, syphons, water gauges, bench-marks and other works connected with any such embankment and land appurtenant thereto; but does 452 .~CT I OF 1954J The Assam Embankment awl Drainage .-let, 1953 +53 Regulation Iof 1886. not include any "ali" or ridge surrounding or dividing a field or any public or private road. (0;' "Private Embankment" means any embankment "Private , . b k Embank which is not a public em an menlo meru". (e) "Public Embankment" means an embankment ves- "Public Em ted in the State Government or under the control and adrni- bankm-nr". nistration of the State Government Qt. any Local Board, NIunicipaJ Board or Town Commiu.:e. (vii) "Embankment Officer" means the Executive En- "Embank vineer of any Division and any other officer not below ment ~he rank of Executive Engineer \\1 hom the State Government Officer". may declare to be such. (viii) (a) "Occupier" means the person re:iidin'Y m or "Occupier". , in possession of anv house, land or place. " (b) "Owner" shall include proprietors and settlement "0 .. holders as defined in the Assam Land and Revenue Rezu- ,WIlcr. Jation, 1886 and every interrncdiate tenant between '~he proprietor or settlement holder and the occupier and with respect to unsettled waste Ia nd , shall mean State Govern ment. (ix) "Prescribed" means prescribed by rules made under' Pr",,,rib this Act. ni". 3- (i) vVhenever it appears to the, State Government R,~ht that any embankment or drainage work IS likely to be neccs- cCl(ry sarv in any Iocality, a notification to that effect shall be DUn- prrvat e lis!{ed in the Official Gazette, and the Deputv Commissioner and t shall cause public notice of the substance of s;Jch notification J~~lf.t;c. to be given at convenient places in the said locality on a date not less than ,~ months in advance of taking up the execution ofworks. (ii) Upon publication of the notification under sub section (i) it shall be lawful for any officer generally or special lv authorised bv the State Government in this behalf and :(Jr' his servants and workmen to enter upon, survey and take levels of any land, whether covered with water or no t : to dig or bore in'to the sub-soi l tl) make and set up suitabie land marks, level marks and water gauges and do all' acts necessary for investigation or survey of a "cherne, or collec tion of information and data under this Act. (iii) When for the purpose 'Jf such inquiry it appears to the officer authorised under sub-section (ii) that it is in dispensable to cut down and clear away any part eJl" any standing crop, fence, trees or jun'J,'k, he or any other person actin>; under his orders mav do 50 provided that :15 far ,1.:> possi blc cutting of crops should be avoided. (iu) Every proprietor and settlement holder of anv land and every person entitled to receive rent in respect of any land or occupying anv land as .1. tenant shall on the written requisition of the Embankment Officer furnish direct such information or assistance as may be required by the Officer for of "pun land pay tor 454 The Assam Embankment and Drainage Act, 1953 the purpose of collecting necessary data for any proposal under the Act : [ACT Provided that if the aforesaid Officer or person acting under his orders proposes to enter into any enclosed court or garden attached to a dwelling house, he shall previously give the occupier of such court or garden at least 2 days' notice in writing of his intention to do so. (u) The Officer so authorised shall payor tender payment for all damages done as aforesaid within one month of such entry and in case of any dispute as to the su fficiency of the amount so paid or tendered or as to the right to receive such compensation, the matter shall be referred to the Deputy Commissioner for decision on an application being made by the person entitled to receive compensation within 6 months of the date on which the pay ment is tendered or made. Thereupon the Deputy Commis sioner shall make a decision which shall be based on an enquiry held either by himself or by a Gazetted Officer not below the rank ofan Extra Assistant Commissioner authorised by him in this behalf. (vi) A person aggrieved by the decision of the Deputy Commissioner may within one month of the decision apply to the Deputy Commissioner for referring the matter to the Court. Officer shall have power to removing or altering any embankment or drain or any obstruction of any kind which in his op inion endangers the safety of any town or inha bited area, or is likely to cause damage to crop and extensive loss of property by interfering with the general drainage or the flood drainage of any tract of land; and (a) Construction, 4- (i) The Embankment removal or··· h C alteration of miuate a sc erne Lor embankments or removal of (obstruc tion. (b) constructing any embankment or drain, which in his opinion will improve the land and cultivation of an area or the absence of which in his opinion endangers the safety of any inhabited area or cause flooding or failure of crops ; (ii) For the purpose of initiating a scheme as above, the Embankment Officer shall make preliminary investiga tion and reconnaisance surveys as he finds necessary to come to a conclusion regarding the feasibility and sound ness of the scheme before he submits the same to the State Government with his recommendations. He will also obtain the opinion of the District Heads of the Depart ments of Revenue, Agriculture and Public Health to the proposals, who shall furnish their opinion to the Embank ment Officer when soug-ht by him. OF 1954J The Assam Embankment and Drainaoe Act, 1953 455 5- : a'; If any person or body of ')ersons desires that .\ppiic:ltioIl. "d ' . , I . ',. . b d lor :l draina orr ge, cuiver t, sypnon, s UIC~ or anv other device e rna e or 3. new in any public embankment for the purpose of drainage embankrn'ent or irrigation; or or a sluice in a public em ( ) if ithi I 1 ' . . , 6 ("" bankment.b I WIt In any oca area to wrucn section I a; nas 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 of persons shall make an appli cation in writing to the Deputy Commissioner of the District in which such embankment or drain is situated or proposed, (ii) At the time of making such application an appli- Fees on '-p" cant unless he is applying on behalf of a body of persons or phCatlOIl. the general public, shall deposit the sum of Rs. 50 towards the expenses or survey, etc., necessary to investigate the soundness of the proj.oxa]. Provided that if during the .enquiry it appears that the proposal is likely to benefit tin individual only and the aforesaid sum of Rs. 50 has not already been paid, the Deputy Cornrnissioner or the Em bankment 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 o n his application. 6. (!) 'When an application ha» been made to the l.'mcedure Deputy Commissioner under section 5, he shall forward the for cnqu.rv, application to the Embankment Officer and if the Embank ment Officer after necessary enquiry considers the petition as bona fide and the proposals 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 Commission .er for information, (ii) The State Government may, in certain cases, receive .such application direct frorn the public and forward such application to the Embankment Officer calling lor report on the feasibility, souruln cxs IiI' o thcrwise of t 11(;' proposal from technical point of view subject to his !icing satisfied after enquiry that the application i-: lutru: [uic and the proposal embodied therci n is likely to be beneficial. 7. "'llv'never from any action taken under sec- Prepll::iLion . d I" it ;lP:".·~I·e, . til the St.u- Government I "f Schemesnons .f, .) an ) ':"' ", ,. I.) "," ~ . t ',at for improve any embankment or dr;llnage work .s necessary lor the ment of improvement of a nv lands or /;)1' the :>r0Dcr cul tivatron or drain>, ern irrigation thereof or' for protection lrorn 'tlo,;ds, other accurnu- ba~kme~tl' d I · . t- " l' f')' .1nu, 00a tio n () water or rrom ero-uon ,)V :1 r ivcr or or ( ie irrmrove- t " ment I)f the health ill" unv tr;u:t,':hc St;lt(~ Go'!crnnwn~ rna'! pro ~Cdl}n. cause a detailed survey for the Scheme to be made and :. scheme IIII' such embaI~kment or drainage w'Jrk to be drawn up bv the Embankment OfTicer and published tog-ether with an estimate of irs cost and J. st a u-rnenr of such' co,t as the State Government propose to recover by imposition of betterment cess or water rate and the period during which such imposition will be in f'lrce. Provided that adore tak:n:: 456 Calling for objec lions. Complelion of scheme. Disposal of Claims 10 compensa, rioc. The Assam Embankment and Drainage Act, 1953 any action under this section the State Gover nrnent 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 Commis·. sioner 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 ascertaining the validity or otherwise of the objections. After such enquiry has been completed, the Deputy Commissioner or the Commissioner, as the case may be, shall forward the objections alongwith his. recommendations to the State Government. The Deputy Commissioner or the Commissioner, as. the case may be, at the time of hearing 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 State Govern ment mav direct that the Scheme drawn up under section 7 with such consequential 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, constructen or altered under section 4 (i) (a) and (b) ; or (b) embankment or drainage 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 deterioration in the productivity of any land or any other loss or da mage arising from any of the causes referred to in clauses (a), (b) and (c) which is capable of being estimated ; or [ACT r (d) right of fishery, right of drainage, right of use of water or other right of property, other than those as mentioned above has been injuriouslv affected; any person feeling aggrieved by any of the causes referred to in clauses (a), (b), (c) and (d) may claim compensation before the Deputy Commisioner within two years from the date of physical completion of the work as notified by the State Government and OF 1954} The AJsam Embankment ana Drainage Act, 1953 the Deputy Commissioner shall award such com pensation as he considers fair and reasonable after enquiry in the prescribed manner. In determining the amount of such corncensation regard shall be had to the diminution of the market value at the ti:ne ,~f occurrence o~ los~ or d~mage of the property in respect 01 which compensation IS claimed ; and where such market value is not ascertainable the amount of compensation rnav be reckoned by taking into acco unt the extent of diminutio!'1 of estimated annual net profit of such property. (ii) An appeal against the decision of the Deputy Commissioner shall lie to the Court but no appeal shall be entertained unless it is made within go days of the date of the Deputy Commissioner's decision. (iii) No claim for compensation shall be entertained after the expiry of two years from the date of the completion as notified unless the Deputy Commissioner is satisfied that the claimant had sufficient cause lor not making the claim within such period : Provided that no compensation shall be awarded for an'! damage caused by : deter-ioration of climate or soil ; (,) stoppage or irrigation or of the means of drifting timber or watcrinl\ cattle (e) displacement of labour; (d) stoppage or diminution or Increase of percolation or floods. 45i I I. Foe all works carried out under section '1 the State Levy~'of rate , '-:;o,;ernment may, unless they decide otherwise rn specific c,:ss. and cases, Ievv on settled land an annual water rate or better- premium. ment cess' and on unsettled Government waste land improved bv the works, a premium pavnble on settlement of such land, and an annual water rate or betterment cess S0 as to realise the initial cost of the Scheme in full or in part and that ()f irs maintenance in the manner as Government mew prescribe. The total annual water rate, betterment cess or ·premium to be levied under a scheme shall be fixed as nearly as possible so a:; not to exceed the following limits : Six per cent per .mnum on the first east of the said works adding thereto the estimated yearly cost of maintenance and supervision of the same. (ii) Such rate rnay be varied from time to rime within :uch maximum by the :~tJ.te Government. (iii) Anv rate chargeable under the Act shal l be termed either "\Vater' rate" »r "Betterment Cess" X> the case may be and ,hall be recoverrrble in the same manner as land revenue : Provided that If the State Government be satisfied that due to any unforeseen circumstances or natural causes anv area or part thereof falling under a Scheme ceases to receive ) ~ -5 Dre E. & S.lfiO 45B The ASfam Embankment and Drainage Act, 1953 [ACT I Levy of rate or CC$S on works existing from before. Vesting certain right in State. any benefit in full or part from such Scheme the State Gov ernment may by a notification in the Official Gazette abate or reduce the betterment cess or water rate for so much of the area as may be determined. 12. It shall be lawful for the State Government to levv a similar Water Rate or Betterment Cess on land improved by Embankment and Drainage Schemes executed by the Government before the commencement of this Act and take action under section 13 for such lands as if this Act has been in force from before. Prepration 13. As soon as possible after a Scheme comes into ~f 1 c:d ule operation under this Act the State Government shall get a an. Schedule of lands chargeable under the Scheme as required under section I I prepared by the Deputy Commissioner. The Deputy Commissioner shall in consultation with the Embankment Officer cause to be prepared from cadastral 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 rates proposed to be charged per bigha according to the degree of benefit derived. The Deputy Commissioner shall publish the Schedule mentioned above, in such places as may be deemed neces sary and then invite objections, if any, by a proclama tion allowing one month's time. On receipt of any objection the Deputy Commissioner shall publish a notice stating the place, date and time at which the enquiry will be held for the purpose of ascertaining the validity of the objections. Any person aggrieved by the decision of the Deputy Com missioner may appeal to the Commissioner within one month from such decision. After the period of limitation and in case there is an appeal, after the decision of the Commissioner, the Deputy Commissioner shall forward the Schedule with any consequential modifications made therein to the State Government for approval. After such approval of the rates and schedule of the lands with or without any modifications, found necessary by the State Government, the rates will become payable from such date as may be specified. of 14· The right of access to and maintenance of any embankment or drain or portion thereof, constructed, im the proved or repaired under any provision of this Act, 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 trespass Embankment Officer on embank ment, or (a) grazes any cattle or allows any cattle belonging to drains. 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 OF 1954] The Assam Embankment and Drainage Act, 1953 takes anv vehicle over or across any public em bankment or drain or damages or obstructs any embankment or drain constructed, repaired or maintained under the provisions of this Act or (e) constructs, removes or alters anv embankment or drain in such manner as will adverselv affect the area served by the scheme under this Act shall be punished with imprisonment of either description for a term which may 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 su b-section shall be liable to imprison ment of either description which may extend to a term of three years and to a fine which rnav extend to one thousand rupees. 4.'Q IU. '·1) \Vhencvcl' It appears to the Stale Government Pr~altics for that in any area any public or private embankment, drain constructing, 01' other works ancillarv thereto require to be nrotccted m:l1ntarnmg, . . 1 . . I h . . .' etc.. :Ul em m.u nt.u net or Impr0vec or t at extension, construction. h:Ulkmc:1l or removal, repairs or altcrnt ion of any such works ,houJd be drain. re~ulat(;d in public interest, the Government may, by noti fication in the official gazette. aFP!\' the provision of this sect ion to such area. (Ii) Any person who, without the permissron of the Denutv Commissioner or the Embankment Officer COIlS tru;;ts,· removes, alter-s 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 three years and to a fine which may extend to one thousand rupees. (.111.\ The Deputy Commissioner or the Embankment Officer may by notice require any person, who constructs or alters any embankment or drain in contravention of the provisions risub-section (ii) above to remove the same within a reasonable time to be specified in the notice. (io) If any embankment or drain the remov al ()f~Olice for which has been required by notice under sub-section (iii) removal of is not removed within the time specified in the notice, cmbar:kment h D C .. h \,' b k 0 ffi or dram andt e eputy ornmissioncr or t C z.m an merit rcer ;enalties for may Cause the same to be removed. neglect of , ) I . ., d I' - such removal. (v n case at gr:lve and Imminent anger to lie or property the Embankment OlTicer 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. 460 The Assam Embankment end Draimzge Act, 1953 [ACT 1OF 1954 (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 Commis sioner may determine. 17. In case of any accident happening or being appre hended 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 land adjacent to such embankment or drain and may execute all works 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 Commissioner 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. . Prior consul tation with 18. (i) In deciding on all questions involving technical the Public matters under the provisions of this Act, the Deputy Com Work, and missiner shall first consult the Public Works Department. Public Health Depart. ments. (ii) Before any capital work is undertaken the Public Health Department shall be consulted. Certain per- 19. Every person authorised to function under any Act XLV iom b deembe10d provision of this Act shall be deemed to be a "public servant" of 1860. to e pll IC ith 0 h inz of h I 1" PIC dservants. WIt In t e meanmg 0 tent Ian cna 0 e. 22. The Assam Embankment and Drainage Act, 1941 Assam Act is hereby repealed. iill~f 0 Power to 20. The State Government mav subject to the condition mske rules. of previous publication make rules generally to carry out the provisions of this Act and in particular to regulate the fol lowing 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 recovery ofcosts under this Act shall be made. lU. Nothing in this Act shall affect the provisions of the Act IX of Indian Railways Act, 1890. 1890. Repeal. Indian Rail ways Act, 1890 (Act IX of 1890: not affected.