The Assam Irrigation (Amendment) Act, 1990

Registered No.A-12. THE ASSAM GAZETTE EXTRAORDINARY Code × 49 99, 21, 12 af 1991, 22 5. 1913 (*) No. 49 Dispur, Friday 12th April 1991, 22nd Chaitra, 1913 (S. 29) GOVERNMENT OF ASSAM ( RDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT LEGISLATIVE BRANCH NOTIFICATION The 11th April 1991 No. LGL. 157/78/371. - The following Act of the A.sam Legislative Assembly which received the assent of the President is hereby published for general information. 60 THE ASSAM GAZETTE. EXTRAORDINARY, APRIL 12, 199I 2 ASSAM ACT NO. II OF 1991 (Received the assent of the President on 29th March 1991) THE ASSAM IRRIGATION (AMENDMENT) ACT, 1990 An Act to amend the Assam Irrigation Act, 1983 Preamble Whereas it is expedient to amend the Assam Irrigation Act, 1983, (Assam Act. VIII of 1989), hereinafter called the principal Act, in the manner hereinafter appearing;

It is hereby enacted in the Forty-first Year of the Republic of India as follows :- Short title 1. (1) This Act may be called the Assam Irrigation (Amendment) Act, 1990. encement (2) It shall be deemed to have come into force on the 19th day of May, 1983. Amendment 2. In the principal Act, in Section 2,- of Section 2 of Assam Act VIII of (1) In sub-section (2), for the words 1989. Betterment Contribution Officer", the words "Betterment Levy Officer" shall be substituted; (2) In sub-section (7) (i), after the words "Escape Channel", the words "from irrigation 58 work" shall be inserted; (3) In sub-section (9), at the end of the existing provisions, the following shall be inserted, namely :- "the Government initially constructing field channels upto 5 to 8 hectares blocks at the project cost as prescribed.";

(4) In sub-section (10), for the existing provision, the following shall be substituted, namely :- THE ASSAM GAZETTE, EXTRAORDINARY. APRIL 12, 1991 261 (10) 'Field drain' means the channel for the discharge of excess water from the field. This includes escape channels from the irrigation works and other similar works constructed and maintained by the owner or occupier or the State Government of Assam at the cost of the owner;"; (5) In sub-section (14), in clause (iii), after the words "and water-course," the words "tanks and dams", shall be inserted. Amendment 3. In the principal Act, in section 17, in sub- of Section 17 of Assam section (1), for the words " reconstructions, addi- Act VIII tions", appearing after the word "constructions", of 1989. the words "expansions, improvements" shall be substituted.

Amendment 4. In the principal Act, in section 34, in 34 of Assam clause (d), the words "the requirement of" shall Act VIII of be inserted in between the words "in rotation" 1989. and "other persons", in place of word "to". Amendment 5. In the principal Act, in section 35, the 35 of terms begining with the word "it" and ending Assam Act with the word "effect", occurring after the words VIII of 1989. "such kind of crop", shall be substituted by the following, namely :- "Government having regard to soil characteristics, climate, rainfall and water availability may, by notification, make a declaration to that effect." Amendment :6. In the principal Act, in section 57, in sub-section (2), the words "Divisional Irrigation Offi- 57 of Assam cer" shall be substituted by the words "Collector Act VIII of 1989.

or a functionary as delegated by the district administration". Amendment 7. In the principal Act, in section 58, --- 58 of Assam Act VIII of (1) for the words "Divisional Irrigation Officer" wherever occurs, the following shall be substituted, namely :- "Collector or a functionary as delegated by the district administration"; 262 THE ASSAM GAZETTE. EXTRAORDINARY, APR. 12, 1991 (2) in sub-section (2), the colon (:), after the words "Land Acquisition Act, 1894", shall be deleted and thereafter the following shall be inserted, namely :- "as amended from time to time." Amendment of Section 8. In the principal Act, in section 59, the term 59 of Assambegining with the word "become" occuring after Act VIII of the word "shall" shall be substituted by the term 1989. "be made as per provision of the Land Acquisition Act, 1894, as amended from time to time." Amendment 9.

In the principal Act, in sectson 64, in clause 64 of Assam (iii), for the word "wire", the word "weir" shall Act VIII of be substituted. Anendment 10. In the principal Act, the existing provi- of Section sion in section 75, shall be substituted as follows, 75 of Assam Act VIII of namely :- "75. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act II of 1974), the offences mentioned in section 69 from (1) to (6) shall be cognizable and the offences mentioned in serial (7) to (12) shall be non-cognizable.' Amendment 11. In the principal Act, in section 80, in sub-section (1), the existing provision shall be substi- 80 of Assam Act VIII of tuted as follows :- 1989 "(1) All Lands required for construction, expansions, improvements, alterations or realignment of any irrigation work or supply work under this Act shall be acquired and taken possession of under the provisions of the Land Acquisition Act, 1894, as amended from time to time, and the provisions of the said Act shall apply to the determination of the amount of compensations, appointment of the compensations and other matter relating to the acquisition of the said lands, rights and interest." K.

LASKAR, Secretary to the Govt. of Assam, Legislative Department. GU AHATI .- Printed and published by the Dy. Director (P), Directorate of Pte. and Sty., Assan, (tvil : i-21, (Fx.( azette) No. 97- 877-500-12-4 1991