The Odisha Irrigation Act, 1959

Preamble

The Odisha Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 62 - MLL Dated. 01 January, 1956 1(ORISSA ACT 14 OF 1959) [Received the assent of the Governor on the 12th October, 1959] An act to consolidate and amend the laws relating to irrigation, assessment and levy of water rate and cess in force in different parts of the State of Orissa. 2(And to provide for the regulation of use of water from Govt. Source.) Whereas it expedient to consolidate and amend the laws relating to irrigation, assessment and levy of water rate and cess in force in different parts of the State of Orissa 2(and to provide for regulation of use of water from Government Source). It is hereby enacted by the Legislature of the State of Orissa in the Tenth Year of the Republic of India as follows: 3STATEMENT OF OBJECTS AND REASONS Large expenditure has been and is being incurred from the State exchequer for construction of irrigation works in the whole State of Orissa. A large number of minor irrigation works have already been constructed throughout the State under the Intensive Cultivation Scheme at a great cost to the exchequer and large number of minor and medium irrigation projects are under construction and will be constructed according to the plan. It is necessary that payment of water rates and cess should be made obligatory on persons deriving benefits from the lands within the irrigable command of all these irrigation works whether water is actually used for cultivation or not , and that a fit return should in all cases alike be made to Government, on accounts of the increased profits derivable from lands irrigated by such works, so as to promote economy in the use of water and to create conditions which will make the maintenance and development of the irrigation schemes possible on a larger scale in future. It is also necessary that there should be suitable provisions for the efficient regulation and control of the supply of water from irrigation works and for certain other matters relating to irrigation

Sections

Type to filter. 55 sections.

1. 1
2. 2
3. 3Repeal and savings
4. 4Definitions
5. 5Power to enter and survey, etc
6. 6Power to enter for repairs and to prevent accidents
7. 7Power to prohibit obstructions or to order their removal
8. 8Power to remove obstructions
9. 9State Government to provide means of crossing canals
10. 10Power to impress labour in emergency
11. 11Construction of water-courses
12. 12
13. 13
14. 14Obligations of owners of land receiving supply from watercourse
15. 15Enforcement of said obligations
16. 16Settlement of disputes concerning water-courses
17. 17Use of land acquired for water-course for other purpose
18. 18Construction of water-course by Government and recovery of cost incurred
19. 19
20. 20Water supply to be subject to rules
21. 21Water to be supplied on written application
22. 22Power to stop water supply
23. 23Duration of supply
24. 24Right to supply of water transferable along with property in respect of which supply given
25. 25No claim against State Government
26. 26Owner and occupier to afford free passage of water over their lands
27. 27Classification of irrigation works
28. 28Levy of water rates and compulsory basic water rates
29. 30Levy of water cess
30. 31Unauthorised use of water
31. 32Liability of occupiers of lands benefiting from unauthorised use of water
32. 33Dates of payment of charges and mode of recovery of arrears
33. 34Amount payable under this Act to be a charge on the land benefited
34. 35Persons liable to pay the charges under the Act and the extent of such liability
35. 36
36. 37Exemption of water-rate and compulsory basic water-rate in full or in part
37. 38Meaning of the term "water-rate" used in this Chapter
38. 39For damaging irrigation work etc
39. 40For endangering stability of irrigation work, etc
40. 41Obstruction to be removed and damage repaired
41. 42Persons employed on canal may take offenders into custody
42. 43Saving of prosecution under other laws
43. 44Payment of fine as award to informant
44. 45Composition of offences
45. 46Appointment of officers and inspection of irrigation works
46. 47Appeals
47. 48Power of revision
48. 49Offences under this Act to be cognizable
49. 50Power to summon and examine witnesses
50. 51Manner of serving notices
51. 52Jurisdiction of Civil Courts barred
52. 53Power to make rules
53. 54Revision of record-of-rights
54. 55Protection of persons acting in good faith and limitation for suit or prosecution
55. 56Power to remove difficulties