Assam Embankment and Drainage Act, 1953
No: 1 Dated: Feb, 03 1954
THE ASSAM EMBANKMENT AND DRAINAGE ACT, 1953
ASSAM ACT I OF 1954
An Act to provide for better provisionfor the construction, removal and upkeep of embankments and for the drainage and improvement of lands in Assam.
WHEREAS it is expedient to replace the existing Act by a new law with better provisions for the construction, maintenance, management, removal and control of embankment and for the drainage and improvement of lands in Assam.
It is hereby enacted as follows : -
1.Short title, extent and commencement:- (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 Government may specity by notification in the official Gazette in that behalf.
2. Definition:- 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 including that of the connected survey but does not include any maintenance or interest charges.
(iii) "Court" means a principal Civil Court of original jurisdiction.
(iv) "Deputy Commissioner" means the Deputy Commissioner of the district in which any embankmentor 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 description and any other device for excl;iding, regulating or retaining water, rain water, flood water o'r sub-soil water.
(vi) (a) "Embankment" means any embankment, 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 or any public or private road.
(b) "Private Embankment" means any embankment ·whiCh is not a public embankment:
(c) "Public Einbankmerit" means an embankment vested' hrthe ·S'tate Govetnmenfor under the control and·· administration of the State Government or any Local Board, Municipal Board or Town Committee.
(vii)' ''Embankment Officer" means the Executive Engineer of any Division and'' any other officer not below the rank of Executive Enginee'f 'whom the State Government may declare to be such.
(viii) (a) "Occupier" means the person residing in or in possession of any house, land or place.
(b) "Owner" shall include proprietors and settlement holders as defihep in the Assam Land and Revenue Regulation, 1886 (Regtilaiion I of 1886) and every intermediate tenant between the proprietor or settlement holder and the occupier and 'with respect to unsettled waste land", shall mean State Govefoment.
(ix) "Prescribed" means pres·cribed by rules made under this Act.