BENGAL EMBANKMENT (WEST BENGAL AMENDMENT) ACT, 1980

Act No. 33 of 1980

15th September, 1980

An Act to amend the Bengal Embankment Act, 1882, in its application to West Bengal. Whereas it is expedient to amend the Bengal Embankment Act, 1882 (Ben. Act II of 1882), in its application to West Bengal, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Thirty-first 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 Bengal Embankment (West Bengal Amendment) Act, 1980.

S.2 Application of the Act

The Bengal Embankment Act, 1882 (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 75 of Ben. Act II of 1882

In section 75 of the principal Act, for the words "be liable to imprisonment of either description for any period not exceeding six months, at the discretion of the Magistrate, or to fine not exceeding two hundred rupees.", the words "be liable to imprisonment of either description for any period not exceeding three years, or to a fine not exceeding one thousand rupees or to both." shall be substituted.

S.4 Amendment of Section 76

In section 76 of the principal Act, in clause (c), for the words "to a fine not exceeding five hundred rupees or in default of payment to imprisonment of either description for a period not exceeding six months,", the words "to a Fine not exceeding one thousand rupees, or to imprisonment of either description for a period not exceeding three years or to both." shall be substituted.

S.5 Amendment of Section 77

In section 77 of the principal Act, for the words "be liable to imprisonment of either description for a term not exceeding one month, or to a fine not exceeding two hundred rupees.", the words "be liable to imprisonment of either description for a term not exceeding three years, or to a fine not exceeding one thousand rupees or to both." shall be substituted.

S.6 Amendment of Section 78

In section 78 of the principal Act, for the words "shall be liable to imprisonment of either description for a term not exceeding six months, or to a fine not exceeding two hundred rupees.", the words "shall be liable to imprisonment of either description for a term not exceeding three years, or to a fine not exceeding one thousand rupees or to both." shall be substituted.

S.7 Amendment of Section 79

In section 79 of the principal Act,--

(a) in the marginal note, for the words and figures "Act V of 1898.", the figures and word "2 of 1974." shall be substituted,
(b) for the words and figures "sections 386, 387 and 389 of the Code of Criminal Procedure, 1898 (Act V of 1898).", the words and figures "sections 421, 422 and 425 of the Code of Criminal Procedure, 1973 (2 of 1974)." shall be substituted.

S.8 Insertion of New Section 79A

In Part VII of the principal Act, after section 79, the following section shall be inserted:--

79A. Offences To Be Cognizable And Non-Bailable

Notwithstanding anything contained in any other law for the time being in force, an offence punishable under this Act shall be cognizable and non-bailable.