section 5
Control of bed and banks
The Jammu and Kashmir Valley Embankment Act, 1935(1) The control of the bed and banks of the river and city channels including the Dood Ganga Nallah and the flood spill channel together with all works that affect the hydraulic conditions shall be under the 1 [Irrigation (P.W.) Department.] (2) No plantation in the bed or on the banks of the river and channels shall be authorized except under special circumstances by the 1 [Irrigation (P.W.) Department.] (3) No excavation of any kind shall be made by any person in the bed or on the banks of the river and channels except with the previous permission of 2 [Engineer-in- charge Hydraulic Works] and on payment of such royalty and such rate as may be prescribed in this behalf by the Government, 3 [(4) No buildings, railings or platforms shall be constructed on the slopes of public or private embankments of the rivers and channels: Provided that the Chief Engineer, or such other officer as may be specially authorized by him in this behalf, may accord permission to the construction of railings or platforms on any such slopes of public or private embankments subject to the conditions specified in sub-section (5): Provided further that in the case of constructions on any such public embankment, the Chief Engineer shall fix a rent for the use of the land occupied by such constructions. (5) (i) A person putting up railings or constructing a platform in pursuance of permission granted under sub-section (4) shall maintain properly and keep in good state and repair the slopes of the bund on which such railings or platforms are constructed. (ii) The officials of the 1 [Irrigation (P.W.) Department] shall have access at all times to such slopes for purposes of inspection and repair.]
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