CANALS (WEST BENGAL AMENDMENT) ACT, 1981

Act No. 48 of 1981

0 5th February 1983

An Act to amend the Canals Act, 1864, in its application to West Bengal. Whereas it is expedient to amend the Canals Act, 1864 (Ben. Act V of 1864), in its application to West Bengal, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Thirty-second Year of the Republic of India, by the Legislature of West Bengal, as follows:-

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S.1 Short title

This Act may be called the Canals (West Bengal Amendment) Act, 1981.

S.2 Application of the Art

The Canals Act, 1864 (hereinafter referred to as the principal Act), shall, in its application to West Bengal, be amended in the manner hereinafter provided.

S.3 Amendment of section 1 of Ben. Act V of 1864

In section 1 of the principal Act,-

for the expression "channel", the following expression shall be substituted:- " the word "channel" shall mean any river ,canal ,khal ,nala ,or waterway ,whether natural or artificial ,running or derelict ,open or closed ,navigable or otherwise ,and shall include any part of its bed ,slopes ,berms ,banks and any adjoining land owned by ,or vested in ,the State ,and any construction or structure thereon ;',
after the expression "channel", the following expression shall be inserted:- " the word "Engineer" shall mean the Engineer in charge of any canal or channel or any other Engineer specially appointed by the State Government to perform the functions of an Engineer under this Act ;'.

S.4 Insertion of new sections 15A and 15B

After section 15 of the principal Act, the following sections shall be inserted:-

15A. "Removal of encroachments Notwithstanding anything contained in this Act ,the Engineer or the supervisor or any other person duly authorised by the Engineer or the supervisor ,as the case may be ,in this behalf may remove ,dismantle or demolish any embankment ,fishery ,fishing contrivance ,huts ,buildings ,sluices ,obstructions ,encroachments or any other construction which ,in the opinion of the Engineer or the supervisor ,as the case may be ,is likely to interfere with ,counteract or impede any canal ,channel or line of navigation in any manner .

15B. Protection of action taken under this Act No suit, prosecution or other legal proceeding shall lie against the Engineer or the supervisor or any other person authorised in that behalf by the Engineer or the supervisor, as the case may be, for anything which is in good faith done or intended to be done under this Act."

S.5 Substitution of new section for section 16

For section 16 of the principal Act, the following section shall be substituted:-

16. "Penalty for causing encroachments in channels and obstructions to line of navigation Any person who shall willfully cause or shall aid in causing any encroachment or obstruction in any channel or line of navigation or who shall willfully omit to remove such encroachment or obstruction after being lawfully required to do so shall, on conviction before a Magistrate, be punished with imprisonment of either description for a term not exceeding three years or with fine not exceeding one thousand rupees, or with both."

S.6 Amendment of section 18

In section 18 of the principal Act, for the words "line of navigation" wherever they occur, the words "canal, channel or line of navigation" shall be substituted .

S.7 Insertion of new section 18A

After section 18 of the principal Act, the following section shall be inserted:-

18A. "Offences to be cognizable and non-bailable Notwithstanding anything contained in any other law for the time being in force, an offence punishable under section 16 shall be cognizable and non-bailable."