{ "id": 156, "slug": "assam-embankment-and-drainage-act-1953", "title": "THE ASSAM EMBANKMENT AND DRAINAGE ACT, 1953", "short_title": "The Assam Embankment and Drainage Act, 1953", "act_number": "I", "act_year": 1954, "act_type": "STATE", "location": "Assam", "law_status": "valid", "enactment_date": "1954-02-03", "description": "The Assam Embankment and Drainage Act, 1953", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "An ACT", "chapter": null, "content": "An Act to provide for better provision for the construction, removal and upkeep of embankments and for the drainage and improvement of lands in Assam.\n\nWHEREAS 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.\n\nIt is hereby enacted as follows : -", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "1", "title": "Section 1. (1)", "chapter": null, "content": "This Act may be called the Assam Embankment and Drainage Act, 1953.", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "1", "title": "Section 1. (2)", "chapter": null, "content": "It extends to the whole of Assam.", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "1", "title": "Section 1. (3)", "chapter": null, "content": "It shall come into force on such date as the State Government may specify by notification in the official Gazette in that behalf.", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "2", "title": "Section 2. Definition", "chapter": null, "content": "In this Act, unless there is anything repugnant in the subject or context,-", "footnote": "", "is_definition": true, "sort_order": 40 }, { "number": "2", "title": "Section 2. (i)", "chapter": null, "content": "\"Cattle\" include also elephants, buffaloes, horses, ponies, mules, asses, pigs, sheep and goats.", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "2", "title": "Section 2. (ii)", "chapter": null, "content": "\"Cost\" means the capital cost of a work including that of the connected survey but does not include any maintenance or interest charges.", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "2", "title": "Section 2. (iii)", "chapter": null, "content": "\"Court\" means a principal Civil Court of original jurisdiction.", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "2", "title": "Section 2. (iv)", "chapter": null, "content": "\"Deputy Commissioner\" means the Deputy Commissioner 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 empowered by the State Government to discharge the functions of a Deputy Commissioner under this Act.", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "2", "title": "Section 2. (v)", "chapter": null, "content": "\"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 excluding, regulating or retaining water, rain water, flood water or sub-soil water.", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "2", "title": "Section 2. (vi) (a)", "chapter": null, "content": "\"Embankment\" means any embankment, public or private, constructed for the purpose of excluding, regulating 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.", "footnote": "", "is_definition": false, "sort_order": 100 }, { "number": "2", "title": "Section 2. (vi) (b)", "chapter": null, "content": "\"Private Embankment\" means any embankment which is not a public embankment.", "footnote": "", "is_definition": false, "sort_order": 110 }, { "number": "2", "title": "Section 2. (vi) (c)", "chapter": null, "content": "\"Public Embankment\" means an embankment vested in the State Government or under the control and administration of the State Government or any Local Board, Municipal Board or Town Committee.", "footnote": "", "is_definition": false, "sort_order": 120 }, { "number": "2", "title": "Section 2. (vii)", "chapter": null, "content": "\"Embankment Officer\" means the Executive Engineer of any Division and any other officer not below the rank of Executive Engineer whom the State Government may declare to be such.", "footnote": "", "is_definition": false, "sort_order": 130 }, { "number": "2", "title": "Section 2. (viii) (a)", "chapter": null, "content": "\"Occupier\" means the person residing in or in possession of any house, land or place.", "footnote": "", "is_definition": false, "sort_order": 140 }, { "number": "2", "title": "Section 2. (viii) (b)", "chapter": null, "content": "\"Owner\" shall include proprietors and settlement holders as defined in the Assam Land and Revenue Regulation, 1886 (Regulation 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 Government.", "footnote": "", "is_definition": false, "sort_order": 150 }, { "number": "2", "title": "Section 2. (ix)", "chapter": null, "content": "\"Prescribed\" means prescribed by rules made under this Act.", "footnote": "", "is_definition": false, "sort_order": 160 }, { "number": "3", "title": "Section 3. (i)", "chapter": null, "content": "Whenever it appears to the State Government that any embankment or drainage work is likely to be necessary in any locality, a notification to that effect shall be published in the official Gazette, and the Deputy Commissioner shall cause public 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.", "footnote": "", "is_definition": false, "sort_order": 170 }, { "number": "3", "title": "Section 3. (ii)", "chapter": null, "content": "Upon publication of the notification under sub-section (i) it shall be lawful for any officer generally or specially authorised by the State Government in this behalf and for his servants and workmen to enter upon, survey and take levels of any land, whether covered with water or not ; to dig or bore into the sub-soil to make and set up suitable land marks, level marks and water gauges and do all acts necessary for investigation or survey of a scheme, or collection of data.", "footnote": "", "is_definition": false, "sort_order": 180 }, { "number": "3", "title": "Section 3. (iii)", "chapter": null, "content": "No person shall enter into any building or upon any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without previously giving the occupier at least ten days 'notice in writing of his intention to do so.", "footnote": "", "is_definition": false, "sort_order": 190 }, { "number": "3", "title": "Section 3. (iv)", "chapter": null, "content": "Every proprietor and settlement holder of any land and every person entitled to receive rent in respect of any land or occupying any land as a tenant shall on the written requisition of the Embankment Officer furnish direct such information or assistance as may be required by the Officer for.", "footnote": "", "is_definition": false, "sort_order": 200 }, { "number": "3", "title": "Section 3. (v)", "chapter": null, "content": "The Officer so authorised shall at the time of such entry pay or tender payment for all damages done as aforesaid and in case of dispute as to the sufficiency of the amount so paid or tendered, he shall refer forth with the dispute to the Deputy Commissioner whose decision which shall be based on any enquiry held either by himself or a Gazetted officer not below the rank of Extra Assistant Commissioner depute by him, shall be final. Nothing in this sub-section shall prevent the officer from entering into the land or proceeding with the execution of the works.", "footnote": "", "is_definition": false, "sort_order": 210 }, { "number": "4", "title": "Section 4. Construction, removal or alterations of embankments or removal of obstructions.", "chapter": null, "content": "The Embankment Officer shall have power to-\r\n(a) Removing or altering any embankment or drain or any obstruction of any kind which in his opinion endangers the safety of any town or inhabited 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\r\n(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.", "footnote": "", "is_definition": false, "sort_order": 220 } ], "metadata": { "Act ID": "19541", "Act Number": "I", "Enactment Date": "1954-02-03", "Act Year": "1954", "Short Title": "The Assam Embankment and Drainage Act, 1953", "Department": "Legislative Department", "Type": "STATE", "Location": "Assam" }, "updated_at": "2026-09-29 21:52:02" }