40. State Government may prohibit formation of obstructions within certain limits.
- Whenever it appears to the [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] that injury to the public health or public convenience, or to any canal or to any land for which irrigation from a canal is available, has arisen or may arise from the obstruction of any river, stream or natural drainage course, the [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] may, by notification published in the [Official Gazette] [Words substituted for the words 'Calcutta Gazette' by the Government of India (Adaptation of Indian Laws) Order, 1937.], prohibit, within limits to be defined in such notification, the formation of any such obstruction, or may, within such limits, order the removal or other modification of such obstruction.Thereupon so much of the said river, stream or natural drainage-channel as is comprised, within such limits shall be held to be a drainage-work as defined in section 3.
