Section 4 in The Bengal Tanks Improvement Act, 1939
4. Declaration of a tank to be a derelict irrigation work.
(1)[If the person having control over the tank does not send any intimation or sends any intimation to the Collector within the period fixed under section 3 that he is not willing to carry out the improvements referred to in that section or if such person sends any intimation to the Collector within such period that he is willing to carry out the improvements but fails to carry out the improvements] [Words substituted by W.B. Act 24 of 1948.] to the satisfaction of the Collector within the period specified in the notice issued under that section or within such further period as the Collector may, on application made to him in this behalf, think fit to allow, the Collector may, [by a notice served in the proscribed manner on] [Words substituted by W.B Act 24 of 1948.] the person having control over the tank and otherwise Published in the prescribed form and manner, declare the tank to be a derelict irrigation work.(2)Every notice issued under sub-section (1) shall state the boundaries of the tank which is declared to be a derelict irrigation work [or the number entered in the record-of-rights finally published under Chapter X of the Bengal Tenancy Act, 1885, of the survey plot comprising such tank.] [Words & figures added by W.B. Act 24 of 1948.](3)A copy of every notice published under sub-section (1) shall be posted up in a conspicuous place near the tank, together with an intimation that any objections to the [confirmation] [Words substituted by W.B. Act 24 of 1948.] of the notice received by the Collector within one month from the date when it is so posted up, will be taken into consideration.(4)On the expiry of the said period of one month, the Collector, after considering the objections, if any, shall confirm or withdraw the notice.(5)A notice published under this section shall, unless and until it is withdrawn, be conclusive evidence of the fact that the tank to which it relates is a derelict irrigation work within the meaning of this section.
