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Under section 38, Bengal Irrigation Act, 1876 (2)
Text
Section 38, Bengal Irrigation Act, 1876 [S2D-D25]
As at 7 September 2026. In force from 17 January 1877 by No. 1658/1877 [N12-Q4N].
38. Power to make rules.—(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form of the application and the form of the certificate of registration under section 4; (b) the conditions subject to which a licence may be granted under section 6; (c) the records and registers to be maintained and the returns to be furnished under section 7; (d) the form of the appeal and the fee payable therefor under section 35; (e) any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the Legislature agrees in making any modification in the rule or agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Defined terms in this text (2)
notification: Section 2, Bengal Irrigation Act, 1876 [S2DBY0] (In this Act, unless the context otherwise requires,—): "notification" means a notification published in the Official Gazette, and the expression "notified" shall be construed accordingly
notification: 996 more definitions.
prescribed: Section 2, Bengal Irrigation Act, 1876 [S2DBY0] (In this Act, unless the context otherwise requires,—): "prescribed" means prescribed by rules made under this Act
prescribed: 996 more definitions.
Made under this section, or naming it (2)
Bengal Irrigation Act Rules, 1877 [R10-BFG], 5 August 1877, in force. Recital: "In exercise of the powers conferred by section 38 of the Bengal Irrigation Act, 1876 (West Bengal Act 3 of 1876), the State Government hereby makes the following rules, namely"
Bengal Irrigation (Inspection) (Amendment) Rules, 2007 [R10-K13], 20 December 2007, in force. Recital: "In exercise of the powers conferred by section 38 of the Bengal Irrigation Act, 1876 (West Bengal Act 3 of 1876), the Government of West Bengal hereby makes the following rules further to amend the Bengal Irrigation Rules, namely:"
Cited by (2)
Section Preamble, Bengal Irrigation (Inspection) (Amendment) Rules, 2007, 20 December 2007, Band A. "section 38 of the Bengal Irrigation Act, 1876 (West Bengal Act 3 of 1876)".
Section 3, Bengal Irrigation Act, 1876 [S2D-BZ2], 8 September 1876, Band A. "section 38".
Not held (0)
none
Duties published under this section (0)
none
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