40. State Government may prohibit formation of obstructions within certain limits.
- Whenever it appears to the [State] [Substituted by A. L.O.] Government 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] [Substituted by A. L.O.] Government may, by notification published in the [Official Gazette] [Substituted by A. O. for 'Calcutta Gazette'.] 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 three.
