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State of Bihar - Section

Section 2 in The Bihar Public Irrigation and Drainage Works Act, 1947

2. Definitions.

- In this Act unless there is anything repugnant in the subject or context, -(a)[ "assured irrigable command area" means an area declared to be an assured irrigable command area under Section 25A; [Inserted by Act 16 of 1982 and existing clauses (a) & (a1) renumbered as (a2) & (a3) respectively.](a1)"probable irrigable command area" means an area declared to be a probable irrigable command area under Section 25-A;(a2)"Chief Engineer" means the Chief Engineer of the Public Works Department of the [Provincial] Government, and includes any person appointed by the Governor, by Notification, to be Chief Engineer for the purposes of this Act either generally or in respect of any proposed work or sanctioned work specified in such Notification;](a3)[ "Collector" means the Collector or the Deputy Commissioner of a district and includes an Additional Collector, a District Development Officer and any officer specially appointed by the State Government to perform all or any of the functions of a Collector under this Act;] [Inserted by Act 28 of 1962.](b)"drainage work" means any work intended to remove water from any land;(c)"Executive Engineer" means the officer appointed by the Governor to be Executive Engineer in any area, and includes any person appointed by the Governor, by Notification to be Executive Engineer for the purposes of this Act either generally or in respect of any proposed work or sanctioned work specified in such Notification;(d)"person having an interest" means -
(1)in relation to any land for which rent is paid in kind, the landlord and the tenant of such land;
(2)in relation to any land, other than land referred to in sub-clause (3), for which rent is paid in cash or for which no rent is paid; the person in immediate possession of such land or, if such person is an underraiyat; having no right of occupancy in the land, the raiyat of such land; and
(3)in relation to any land the rent of which is remitted under any law for the time being in force on the ground that it has become unfit for cultivation and which subsequently becomes fit for cultivation as the result of any action taken under this Act, the landlord and the tenant of such land;Explanation. - In this clause "landlord" does not include a village headman or a raiyat; and "tenant" does not include an under-raiyat.
(e)"prescribed" means prescribed by Rules made by the [Provincial] [Substituted by A.L.O. as State.] Government under this Act;
(f)"proposed work" means any work specified in Section 3 in respect of which a direction that it shall be executed has not been issued under sub-section (1) of Section 5;
(g)[ "public irrigation work" means any work of irrigation or any system of such work, natural or artificial, the construction, maintenance or improvement of which is financed wholly or partly by the State Government and includes - [Substituted by Act 13 of 1966.]
(i)all canals, channels, tanks, reservoirs, ponds, spring ponds, lakes and other natural collection of water or parts thereof, all embankments, barrages, weir, dams, guide banks, and all other works which are constructed, improved or maintained by the State Government for the purposes of irrigation; and
(ii)all lands used for the purposes of the work mentioned in sub-clause (i) and all buildings, machinery, fences, gates and other erection connected therewith on such lands;]
(h)[ "Revenue Officer" means any officer whom the Collector or the Deputy Commissioner of a district may, by notification, appoint to discharge all or any of the functions of the Revenue Officer under this Act; and] [Substituted by Act 11 of 1955.]
(i)"sanctioned work" means a proposed work in respect of which a direction that it shall be executed has been issued under sub-section (1) of Section 5 [or under Section 5-A.] [Inserted by Act 10 of 1965.]
(j)[ "Command area" means an area declared to be the command areas of a public irrigation work by the State Government by Notification published in the Official Gazette.] [Inserted by Act 13 of 1966.]