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The Alluvion (Amendment) Act, 1868

Act No. IV of 1868
Date of Assent: 8th July, 1868
Status: Active

Preamble

WHEREAS it is expedient to amend the provisions of act IX of 1847; It is enacted and declared as follows:

Main Provisions

Section 2 - Accessions to Island Considered Increment Thereto

It is hereby declared that when any islands shall, under the provisions of clause 3, section 4, of Regulation XI of 1825, be at the disposal of Government, all lands gained by gradual accession to such island, whether from a recess of the river or of the sea, shall be considered an increment to such island, and shall be equally at the disposal of Government.

Section 3 - Newly Thrown Up Islands to be Assessed

Whenever it shall appear to the local revenue-authorities that an island has been thrown up in a large and navigable river liable to be taken possession of by Government (under clause 3, section 4, of Regulation XI of 1825), the local revenue-authorities shall take immediate possession of the same for Government, and shall assess and settle the land according to rules in force in that behalf, reporting their proceedings forthwith for the approval of the Board of Land Administration, whose order thereupon, in regard to the assessment, shall be final.

Provided, however, that any party aggrieved by the act of the revenue-authorities in taking possession of any island as aforesaid shall be at liberty to contest the same by a regular suit in the Civil Court.

Section 4 - Subsequent Junction to Mainland Not to Affect Government Right

Any island of which possession may have been taken by the local revenue-authorities on behalf of Government under section 3 of this Act shall not be deemed to have become an accession to the property of any person by reason of such channel becoming fordable after possession of such island shall have been so taken.

Construction of Ways and Roads

Section 5 - Power to Apply for Ways Across Islands

Whenever an island, of which possession shall have been taken by Government under section 3 of this Act, shall become attached to the mainland, any person having an estate or interest in any part of the riparian mainland to which such island may become attached while it is in the possession of Government may apply to the Collector to take measures for the construction of ways, paths and roads on the island: the costs thereof to be equally divided between the applicant and the Government.

Section 6 - Applicant for Ways to Deposit Money, and Ways to be Made

Thereupon the Collector may require the applicant to make such deposit of money as to the Collector shall seem sufficient, and, on such deposit being made, the Collector shall proceed to lay out and construct such ways, paths and roads in and through the island as he may deem necessary for securing access to the river or sea from the land to which the island may have become attached.

Section 7 - Costs of Ways How Borne

In every case the applicant shall be liable to pay and make good to the Government one-half of the costs of laying out and constructing such ways, paths and roads as aforesaid, and any moneys due from the applicant under the provisions of this section may be deducted and retained by the Collector out of the deposit so made by the applicant as aforesaid.

Section 8 - Ways to be Public

Every way, road and path, which shall be laid out or appointed under the provisions aforesaid, shall be deemed a public highway.

This Act deals with:

  1. Alluvial Land Rights: Government ownership of newly formed islands and land accretions
  2. Revenue Assessment: Procedures for assessing and settling newly formed land
  3. Dispute Resolution: Right to contest government action through civil suits
  4. Infrastructure Development: Provisions for constructing public access ways
  5. Cost Sharing: Equal division of infrastructure costs between applicants and government

Historical Context

This Act was enacted to clarify and amend the law relating to alluvial land formation - particularly newly formed islands and land accretions in rivers and seas. It addresses complex questions of ownership and revenue assessment that arise when natural processes create new land.

The Act builds upon earlier Regulation XI of 1825, providing more detailed procedures for dealing with alluvial formations and their integration into the revenue system.

Key Principles

  • Government Ownership: Newly formed islands in large navigable rivers belong to the Government
  • Natural Accretion: Land gains through natural processes are considered part of the original island
  • Revenue Assessment: Immediate assessment and settlement of new lands according to established rules
  • Public Access: Provision for constructing public ways and roads on newly attached islands
  • Shared Responsibility: Cost-sharing mechanism for infrastructure development

Current Application

This Act continues to provide the legal framework for dealing with alluvial land formations in Bangladesh, particularly important given the country's extensive river system and ongoing processes of alluvion and diluvion.

The principles established in this Act remain relevant for: - Land revenue administration - Dispute resolution over newly formed land - Infrastructure development on alluvial lands - Balancing public and private interests in land formation

Source: Bangladesh Laws - Ministry of Law, Justice and Parliamentary Affairs
Available at: http://bdlaws.minlaw.gov.bd/act-details-19.html