Section 16 in The Assam Embankment and Drainage Act, 1953
16. Penalties for constructing, maintaining, etc., an embankment or drain.
- (i) Whenever it appears to the State Government that in any area any public or private embankment, drain or other works ancillary thereto require to be protected, maintained or improved or that extension, construction, removal, repair or alteration of any such work should be regulated in public interest, the Government may, by notification in the official Gazette, apply the provisions of this section to such area.(ii)Any person who without the permission of the Deputy Commissioner or the Embankment Officer constructs, removes, alters, damages any embankment or drain, within the limits of any local area to which this section has been applied shall be punished with imprisonment of either description which may extend to a term of three years and to a fine which may extend to one thousand rupees.(iii)The Deputy Commissioner or the Embankment Officer may, by notice, require any person who constructs or alters any embankment or drain in contravention of the provisions of sub- section (ii) above to remove the same within a reasonable time to be specified in the notice.(iv)Notice for removal of embankment or drain and penalties for neglect of such removal. - If any embankment or drain the removal of which has been required by notice under sub-section (iii) is not removed within the time specified in the notice, the Deputy Commissioner or the Embankment Officer may cause the same to be removed.(v)In case of grave and imminent danger to life or property the Embankment Officer or the Deputy Commissioner may forthwith get unauthorised embankment or drain removed and notify the persons concerned thereafter.(vi)The cost of the removal of any embankment or drain, removed under the provisions of sub-section (iv) shall be recoverable as an arrear of land revenue either from the person who constructed or altered the embankment or drain or who caused it to be constructed or altered or jointly and severally from both such persons as the Deputy Commissioner may determine.
