The Assam Irrigation (Amendment) Act, 1990
<F-b? Registered No*A—12-

# THE ASSAM GAZETTE

##### ' q « [

## EXTRAORDINARY

##### 2PW ®W

### PUBLISHED BY AUTHORITY

##### ss. 49 fh«w, 12 vafsr^T 1991, 22 e’®. 1913 "/’•*)

Mo. 49 Diaftur Fr iday 12th April 1991. 22nd Ghaitra,

19)3 (S. 1 )

##### GOVERNMENT OF ASSAM

(. RDERS BY THF GOVERNOR

##### LEGISLATIVE DEPARTMENT LEGISLATIVE BRANCH

 NOTIFICATION

 The 11th April 1991

 No-LGL. 157/78/371.-T he fol'owing Act of the A'Sarn
 Legislative Assembly which received the assent of the
 Prcrident is iereby published fcr gereial infern alien.


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60 THE ASSAM GAZETTE. EXTRAORDINARY, APRIL 12, 1991

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 Whereat, it is expedient to amend the Assam

##### Irrigation Act, 1983, (Assam Act. VIII of 1989), hereinafter called the principal Act, in the man­
 ner hereinafter appearing;

 It is hereoy enacted in the Forty-first Year
 of the Republic of India as follows ■—

Short title 1- (1) This Act may be called the Assam

and com™-irrigation (Amendment) Act, 1990.
**encement** **S** **V**

##### (2) It shall be deemed to have come
 into force on the 19th day of May, 1983.

Ame ndme nt 2. In the principal Act, in Section 2

of Section 2

of Assam
Act V II I of (1) In sub-section (2), for the words
1989. "Betterm ent Contribution Officer”, the words

##### "Betterm ent Levy Officer” shall be substituted;

 (2) In sub-section (7) (i), after the words
 "Escape Channel”, the words "from irrigation work” shall be inserted;

 (3) In sub-section (9), at the end of the
 existing provisions, the following shall be inser­
 ted, 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


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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.

rf^SectTon* 3- In the principal Act, in section 17, in sub-

17 oi Assam section (1), for the words " reconstructions, addi-

ofCti989H tions”, appearing after the word "constructions”,
the words "expansions, improvements” shall be

substituted.

^Tsectio6?1 4- In the principal Act, in section 34, in

34 ofAssa’n clause (d), the words "the requirement of” shall

j9c^9 V Iir°f be inserted in between the words "in rotation”

and "other persons”, in place of word "to”.

                           -

**Amendment** 5. In the principal Act, in section 35, the

**35** **s** **(['( ]** **[lo n]** [terms begining with ] the word "it” and ending

Assam Act with the word "effect”, occurring after the words

_1989._ _[O]t_ "such kind of crop” shall be substituted by the

following, namely :—

"Government having regard to soil charac­

teristics, climate, rainfall and water availability

may, by notification, make a declaration to that

effect.” '

**Amendment** In the principal Act, in section 57, in sub-

cf section section (2), the words "Divisional Irrigation Offi-

Ac^vin” [c e r] ” shall be substituted by the words "Collector

**of 1989.** or a functionary as delegated by the district

administration”. ------ ______

, 7. In the principal Act, in section 58,—
**Amendment**
**oi Section** **’**

Act^mof[1] (1) for th [e] words "Divisional Irrigation

1989 ° Officer” wherever occurs, the following shall be

substituted, n a m ely —

"Collector or a functionary as delegated by

the district administration” ;


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**262 THE ASSAM GAZETTE. EXTRAORDINARY. APR. 12, iS91**

##### (2) in sub-section (2), the colon (:), after
 the words "Land Acquisition Act, 1894”, shall be
 deleted and thereafte r the following shall be in­
 serted, na mely:—
 "as amended from time to time.”
 cfmese“Fon 8 - [I n] principal Act, in section 59, the term
 59 of Assambegining with the word "become” occuring after
 t989V I1 I°f the word "shall” shall be substituted by the term
 "be made as per provision of the Land Acquisi­
 tion Act, 1894, as amended from time to time.”

**oi of[ne]Section sec’iiont** **.....** 9. In the principal Act, in sectson 64, in clause „ **,**

**64 of Assam 64** f Assam (iiil. for the word "wire”, the word "weir” shall(in), for the word

n

##### i989VI11 *fhe substituted.

**Anendmeot** 10. In the principal Act, the existing provi-

**of** Section i
s o n in section 75, shall be substituted as follows,

##### Act vin of namely :—

1989 "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-cog-
 nizable.”

**Amendment** 11. In the principal Act, in section 80, in sub-

##### of '•ection section (1), the existing provision shall be substi-

A«t viii of tuted as follows :—

**1989** “(1) All Lands required for construction,

##### expansions, imorovements, alterations or realign­ ment of any irrigation work or supply work
 under this Act shall be acquired and taken posse­ ssion of under the provisions of the Land Acquisi­
 tion 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
 ma tter relating to the acquisition of the said lands, rights and interest.”

K. LASKAR,

Secretary to the Govt, of Assam,

Legislative Department-

**\ AH ATI.—Printer: aid published by the Dy. Director (P), Direr W iie of Ftp. rod**

**U** **Sty.,** **t i v i l i i - I l , tl x-f net t-) Nr. 97- &77-5CC-17 4 lP9i**


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