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State of Assam - Section

Section 2 in The Assam Embankment and Drainage Act, 1953

2. Definitions.

- In this Act unless there is anything repugnant in the subject or context,-
(i)"Cattle" includes also elephants, buffaloes, horses, ponies, mules, asses, pigs, sheep and goats.
(ii)"Cost" means the capital cost of a work including that of the connected survey but does not include any maintenance or interest charges.
(iii)"Court" means a principal Civil Court of original jurisdiction.
(iv)"Deputy Commissioner" means the Deputy Commissioner of the District in which any embankment or drain is situated or proposed and includes the Additional Deputy Commissioner of the said District or any other officer empowered by the State Government to discharge the functions of a Deputy Commissioner under this Act.
(v)"Drain" includes dongs and irrigation channels in the plains, a tunnel, a culvert, a ditch, a channel, a canal, a syphon, a sluice or artificial water course of any other description and any other device for excluding, regulating or retaining waster, flood water or sub-soil water.
(vi)
(a)"Embankment" means any embankment, public or private, constructed for the purpose of excluding, regulating or retaining water and includes all earthen or masonry walls, dams, spilways, piers, groins, sluices, syphons, water gauges, bench-mark and other works connected with any such embankment and land appurtenant thereto ; but does not include any "ail" or ridge surrounding or dividing a field or any public or private road.
(b)"Private Embankment" means any embankment which is not a public embankment.
(c)"Public Embankment" means any embankment vested in the State Government or under the control and administration of the State Government or any Local Board, Municipal Board or Town Committee.
(vii)"Embankment Officer" means the Executive Engineer of any Division and any other officer not below the rank of Executive Engineer whom the State Government may declare to be such.
(viii)
(a)"Occupier" means the person residing in or in possession of any house, land or place.
(b)"Owner" shall include proprietors and settlement holders as defined in the Assam Land Revenue Regulation, 1886 (Regulation 1 of 1886) and every intermediate tenant between the proprietor or settlement holder and the occupier and with respect to unsettled waste land, shall mean State Government.
(ix)"Prescribed" means prescribed by rules made under this Act.
(x)"Rate" means either water rate or betterment cess or both levied under Section 11 of this Act.