The Bengal Drainage Act, 1880

{
    "id": 15659,
    "slug": "the-bengal-drainage-act-1880",
    "title": "The Bengal Drainage Act, 1880",
    "short_title": "The Bengal Drainage Act, 1880",
    "act_number": "Bengal Act 6 of 1880",
    "act_year": 1880,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bengal Drainage Act, 1880",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and extent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Repeal of Bengal Act 5 of 1871.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Interpretation clause.",
            "chapter": null,
            "content": "(1) a permanent rent-paying interest in land immediately subordinate to that of proprietor and superior to that of raiyat , extending to not less than one hundred standard bighas , affected or to be affected by any works under this Act;\n(2) a permanent revenue-free or rent-free interest in land affected or to be affected by any works under this Act, when there exists no rent-paying interest in the same land between the proprietary interest in the estate and such revenue-free or rent-free interest;\n(1) a permanent rent-paying interest in land subordinate to that of a tenure-holder and superior to that of a raiyat , extending to not less than one hundred standard bighas , affected or to be affected by any works under this Act;\n(2) a revenue-free or rent-free interest in land affected or to be affected by any works under this Act, when there exists a rent-paying interest in the same land between the proprietary interest in the estate and such revenue-free or rent-free interest;\n(1) any person who as owner of an estates solely or jointly in possession thereof;\n(2) any person who as owner of a tenure or under tenure is solely or jointly in possession thereof;\nPart I\nAppointment of Commissioners and Conduct of Business",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. State Government to appoint Commissioners.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. State Government to appoint Chairman.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Meetings of Commissioners and quorum.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Extraordinary meetings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Presidency of meetings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Transaction of business at meetings.",
            "chapter": null,
            "content": "Delegation of powers to Committee.\nElection of Chairman of Committee.\nAdjournment voting etc., of Committee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Power to appoint servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. When objects of their appointment fulfilled, State Government may direct Commissioners' powers and functions to cease.",
            "chapter": null,
            "content": "Part II\nDrainage Scheme",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Commissioners to cause a notification of the scheme to be, published.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. List of persons assenting or objecting to be published.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Commissioners how to ascertain that proprietors have assented.",
            "chapter": null,
            "content": "A gives his vote as proprietor of 5,000 bighas ;\nB, as patnidar of 2,000 bighas included in A's proprietary of 5,000 bighas ;\nC, as mukarraridar of 100 bighas included in B's patni ,\nD, as holding a permanent jama of 500 bighas included in A's proprietary of 5,000 bighas ; but not in B's patni of 2,000 bighas ;\nBighas\nD for\n-\n-\n500\nC for\n-\n-\n100\nB for (2,000-100-)\n-\n-\n1,900\nA for (5,000-2000-500)\n-\n-\n2,500\nTotal\n-\n-\n5,000\nVote for estate, tenure, etc., held by two or more co-sharers.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Persons voting to specify the extent of their lands.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Commissioners to decide who is entitled to vote.",
            "chapter": null,
            "content": "Vote for property held by a minor or lunatic.\nCase of landholder not found.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. If half of landholders agree, Commissioners to consider the scheme submitted.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Power to proceed with portion of scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Scheme approved by Commissioners to be laid before the State Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Power to reconsider scheme and modify it.",
            "chapter": null,
            "content": "Publication of modified scheme.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Power for the acquisition of land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. State Government may order scheme to be carried out.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Power to State Government to modify scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Claims to compensation for damage caused in carrying out scheme or works.",
            "chapter": null,
            "content": "Compensation to be assessed by the Commissioners.\nReference to Civil Court if amount assessed be not accepted.\nReference to Civil Court where amount of compensation agreed to or settled by Court, but dispute as to its apportionment.\nReference may in certain cases be transferred to Subordinate Judge or Munsif for disposal.\nPart III\nExpenditure and Apportionment",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Cost of compensation, etc., to be deemed part of expense of construction. Such expense may be defrayed by advances from the public funds.",
            "chapter": null,
            "content": "[26. Interest to be charged on such advances.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26A",
            "title": "26A. Rate of interest, and barring of compound interest.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Reports to be made and expenditure certified.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Commissioners upon expiry of three years from completion report to classify lands benefited by the works, distinguishing between improved lands and reclaimed land.",
            "chapter": null,
            "content": "Cost of construction with interest, to be apportioned upon the improved lands and reclaimed lands. Amount payable for the improved lands not to exceed value of improvement.\n(a) in respect of his improved lands, if any, and\n(b) in respect of his reclaimed lands, if any.\n29.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "30",
            "title": "30. When the land is part of a tenure, etc., Commissioners may declare who shall be deemed liable as landholders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "31",
            "title": "31. Amounts made payable to be a charge upon the improved lands and reclaimed lands, respectively.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "32",
            "title": "32. Commissioners to report apportionment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "33",
            "title": "33. In default of Commissioners, officer appointed by State Government to make apportionment and report.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "34",
            "title": "34. Reports to be published.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "35",
            "title": "35. Appeal against apportionment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "36",
            "title": "36. Final determination of apportionment.",
            "chapter": null,
            "content": "[36A. Power to add to or alter declaration as to names of persons liable to pay.\n(a) by reason of the omission of the name of any co-sharer of such land, or\n(b) by reason of any change having taken place in the ownership or joint ownership of such land, or\n(c) for any other substantial reason,\n(i) from the time when the addition or alteration was made, or\n(ii) if any appeal has been preferred under sub-section (2), from the decision of the appeal;\nPart IV\nRecovery of sums due to the Collector",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "37",
            "title": "37. Collector to serve notice of apportionment, requiring payment or engagement to pay.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "38",
            "title": "38. If amount not discharged, the Collector may recover it as a public demand.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "39",
            "title": "39. Collector may also with sanction of Board of Revenue raise unpaid amount by leasing or mortgaging the improved or reclaimed lands.",
            "chapter": null,
            "content": "(a) by letting in perpetuity or for a term, on payment of a premium equivalent to such amount, the whole or any part of such improved land or reclaimed lands;\n(b) by mortgaging the whole or any part of such improved lands or reclaimed lands;\n(c) by letting in farm or managing by himself or another the whole or any part of such improved lands or reclaimed lands; or\n(d) partly by one of such modes and partly by another or others of them. For the purposes of this section, the Collector may exercise all the powers of the owner of such improved or reclaimed lands; and his signature shall be a good and sufficient signature to any document necessary to carry into effect the said purposes.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "40",
            "title": "40. Recovery of unrealised portion of charge.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "41",
            "title": "41. Power to repay advances.",
            "chapter": null,
            "content": "[Part IV-A\nRecovery of share of payments from co-sharers",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41A",
            "title": "41A. Power to recover share of payments from co-sharers.",
            "chapter": null,
            "content": "(a) recover from his co-sharers, respectively, such contributions towards such payment as are proportionate to their individual interests in the land, either-\n(i) in the same manner in which arrears of rent are recoverable under the Bengal Tenancy Act, 1885, and under similar penalties, or\n(ii) if such co-sharers have been declared by any order passed under Section 36 or revised under Section 36-A to be liable to pay upon application to the Collector as hereinafter provide; or\n(b) take credit for such contributions as aforesaid in any adjustment of accounts between himself and his co-sharers.]\nPart V\nRecovery by Landholders or Superior Tenants of the cost of the works from persons Holding Land under them",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Proprietor may recover from subordinate tenants.",
            "chapter": null,
            "content": "(a) proceed under any law for the time being in force to enhance the rents of any person holding immediately from him any land the productive powers of which have been increased by any works carried out under this Act: provided that any such person may at his option elect to pay under clause (b) of this section; or\n(b) recover such sum or any part thereof according to the proportions hereinafter provided, with interest [* * *] from the date of payment by him of any portion thereof, from the persons holding immediately from him lands in respect of which such sum has been declared payable, and which have been benefited by any scheme of works carried out under this Act;\n(c) The sum recoverable by such landholder from each such person under clause (b) in respect of the lands of each class shall bear the same proportion to the sum charged upon such landholder in respect of all lands of that class as the area of the lands of that class which are held by such person bears to the area of the lands of the same class in respect of which the landholder has been charged. No person from whom a landholder is authorised to recover any sum under this section shall be liable to pay in any one year more than one-tenth part of the sum so recoverable from him, and no person shall be liable to pay in one year more than the increased annual value of the lands in respect of which the payment is made.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Recovery by superior tenant.",
            "chapter": null,
            "content": "(a) proceed under any law for the time being in force to enhance the rents of any person holding directly from him lands the production powers of which have been increased by any works carried out under this Act: provided that any such person may at his option elect to pay under clause (b) of this section; or\n(b) recover the sum or part of the sum which has been so paid by him according to the proportions and subject to the rules laid down in clause (e) of Section 42, with interest [* * * *] from the date of payment by him of any portion thereof, from the persons holding directly from him lands in respect of which the payment has been made, and which have been benefited by any scheme or works carried out under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Mode and time of payment.",
            "chapter": null,
            "content": "Provision in case of dispute as to the amount to be paid.\nCollector to decide objections.\n[44A. Recovery, under the certificate procedure, of payments made in respect of land held by tenants.\n(a) from the said tenants for the period during which they occupied the benefited land since the carrying out of the said scheme or works, or\n(b) from the tenants in possession.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "44B",
            "title": "44B. Bar to recovery of money from tenants in certain cases.",
            "chapter": null,
            "content": "(a) the rent of such lands has been increased, or\n(b) rent has for the first time been imposed on such lands.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "45",
            "title": "45. Proviso.",
            "chapter": null,
            "content": "Part VI\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "46",
            "title": "46. Drainage work to be subject to the laws relating to embankments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "47",
            "title": "47. Lands and works to be vested in Collector on behalf of Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "48",
            "title": "48. Cost of maintenance of works.",
            "chapter": null,
            "content": "Recovery of items omitted from apportionment.\nSurplus property vested in Collector under Section 47 to be appropriated to payment of debt to Government.\nCost of maintenance may be capitalized and the capitalized amount levied.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "49",
            "title": "49. Powers for taking evidence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "50",
            "title": "50. Rent-free lands may be deemed subordinate tenures.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "51",
            "title": "51. Sum payable by holder of rent-free land to be payable in two instalments.",
            "chapter": null,
            "content": "[51A. Recovery, under the certificate procedure of payments made in respect of land held free of rent or revenue.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "51B",
            "title": "51B. Further provisions as to applications under Sections 41-A, 44-A or 51-A.",
            "chapter": null,
            "content": "(a) be made within six months after such payment was made, and\n(b) specify the amount of such payment, and the amount of such contributions due from each co-sharer,\n(c) be made within six months after such sums became due,\n(d) specify the amount of such payment, and the date on which it was made,\n(e) specify the amount of such sums due from each tenant or person holding land, land the date on which it became due, and\n(f) be accompanied by a declaration, signed by the applicant and stating:-\n(i) that he has not, on account of the said scheme or works enhanced the rent, if any, payable in respect of the said lands or any of them, and\n(ii) that he has not taken from such tenants or persons holding land, or any of them any premium on account of such scheme or works.\n(g) be signed and verified in the manner provided by Sections 51 and 52 of the Code of Civil Procedure for the signature, and verification of plaints,\n(h) be accompanied by a court-free of eight annas, and\n(i) request the Collector to make a certificate authorizing the recovery of the said contributions or sums as the case may be, under the Public Demands Recovery Act, 1895,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "51C",
            "title": "51C. Grant of certificate and effect thereof.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "51D",
            "title": "51D. Power of Collector to suspend recovery of dues in cases of failure of crops.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "51E",
            "title": "51E. Bar to jurisdiction of Courts in respect of order of suspension",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "51F",
            "title": "51F. Procedure when landholder or tenant collects dues during period of suspension.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "51G",
            "title": "51G. Extension of period for payment of instalments, when order of suspension made.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "51H",
            "title": "51H. Extension period of limitation, when order of suspension made.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "51I",
            "title": "51I. Interest not to accure during period of suspension.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "52",
            "title": "52. Service of notices.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "53",
            "title": "53. Proceedings not to be invalidated by formal errors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "54",
            "title": "54. Portion of scheme may be deemed separate scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "55",
            "title": "55. State Government may empower other person to act for Collector.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "56",
            "title": "56. Collector may delegate authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "57",
            "title": "57. Control of Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "58",
            "title": "58. Power to make, alter and cancel Rules.",
            "chapter": null,
            "content": "(a) the proceeding of any officer who, under any provision of this Act, is required or empowered to take action in any matter;\n(b) the person by whom, the time, place or manner at or in which anything for the doing of which provision is made in this Act shall be done;\n(c) and generally to carry out the provisions in this Act.\nPart VII\nSpecial Provisions for Works Carried out Under [Bengal Act (5 of 1871)]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "59",
            "title": "59. Portions of this Act applicable to works carried out under Bengal Act (5 of 1871).",
            "chapter": null,
            "content": "(a) as to the method of realizing sums due on account of the cost of the works-Sections 31, 38, 39 and 40;\n(b) as to the recovery by landholders or superior tenants of the cost of the works from persons holding land under them-Part V.\n(c) as to other matters-Part VI.\n60.-63.\nSchedule A\n(Referred to in Section 12)\nBengal Drainage Act, 1880\nTo all whom it may concern\nCollector, for the Drainage Commissioners\nSchedule B\n(Referred to in Section 37)\nBengal Drainage Act, 1880\nCollector",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        }
    ],
    "metadata": {
        "Act ID": "bh195",
        "Act Number": "Bengal Act 6 of 1880",
        "Enactment Date": "",
        "Act Year": "1880",
        "Short Title": "The Bengal Drainage Act, 1880",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}