The ORISSA HYDRO-ELECTRIC PROJECTS AND FLOOD CONTROL WORKS (SURVEY) ACT, 1961

*THE ORISSA HYDRO-ELECTRIC PROJECTS
AND FLOOD CONTROL WORKS
(SURVEY) ACT, 1961
ORISSA ACT 10 OF 1961
Received the assent of the Governor on the 28th September 1961, first published in
an extraordinary issue of the Orissa Gazette, dated the 6th October 1961
AN ACT TO PROVIDE FOR SURVEY AND INVESTI GATION OF SUITABILITY
OF LANDS NEEDED FOR ESTABLISHMENT OF HYDRO-ELECTRIC
PROJECTS AND FLOOD CONTROL WORKS IN THESTATE OF
ORISSA AND OTHER MATTERS ANCILLARY THERETO.
Be it enacted by the Legislature of the State of Orissa in the Twelfth. Year
of the Republic of India, as follows:"
1. Short title and extent.:-(1) This Act may be called the Orissa Hydro-
Electric Projects and Flood Control Works (Survey) Act, 1961.
(2) It shall extend to the whole of the State of Orissa
2. Definitions.:- In this Act unless the context otherwise Definition
requires"
(a) "Chief Engineer" means the Chief Engineer or Additional Chief Engineer
in charge of irrigation or flood control scheme or in charge of hydro-
electric project;
(b) "flood control work" includes all works and constructions undertaken
for the purpose of controlling floods;
(c) "hydro-electric project" means a scheme in which water is regulated
and utilised for the production of electricity;
(d) "prescribed" means prescribed by rules made by the State Government
under this Act.
3. Power to take up survey.:- (i) Whenever it appears to the State
Government merit that for the purpose of any hydro-electric project or flood
control work it is necessary to carry on survey and preliminary investigation in
* Published vide Orissa Act No. 10 OF 1961
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Dated :  6th October 1961
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respect of lands in any locality to ascertain the suitability of such land for the said
purpose, a notification specifying the locality in which such survey and investigation
proceedings are to be carried on shall be published by the State Government in
the Gazette and the Chief Engineer shall cause public notice of the substance of
such notification to be given at convenient places in the said locality.
(2) Thereupon the Chief Engineer may authorise any officer subordinate
to him and not below the rank of an overseer to carry on such survey and investi
gation proceedings in respect of any such land excluding the land over which a
building stands.
(3) It shall be lawful for such officer and his servants and workmen to"
(a) enter upon and survey and take levels of any such land;
(b) make any survey mark and to fix reference marts by drilling pegs,
fixing stones or by constructing masonry pillars of the size of about
two feet by two feet up to a maximum height of five feet;
(c) dig trial pits of the size of about three feet by three feet up to a
maximum depth of ten feet;
(d) bore into the sub-soil;
(e) do all other acts necessary to ascertain the suitability of the land for
the said purpose; and
(f) where otherwise such proceedings cannot be completed, cut down
and clear away any part or the whole of any standing crop, fence or
jungle:
Provided that if such officer proposes to enter into any enclosed courtyard
or garden attached to a dwelling house he shall give the occupier of such building
a notice of at least twenty-four hours of his intention to do so.
4. Payment of compensation.:- The office who has entered upon any
land of under section 3 shall, before leaving, tender compensation to the owner
or occupier of such land for any damage which may have been caused by any
proceed ings under the said section and in ease of dispute as to the sufficiency of
the amount so tendered, he shall refer the matter to the Collector for his decision.
Such decision shall be final and no suit shall lie in a civil court to have it set aside
or modified.
5. Publication of the scheme and objections there.:- (1) Whenever
the State Government- propose to execute any hydro-electric project or any flood
control work they shall, after completion of the survey and investigation as may
be necessary for the purpose in accordance with the provisions of section 3,
publish in the prescribed manner the description of the said project or work
indicating the situation thereof and the area likely to be benefited or adversely
affected thereby along with any further particulars as may be prescribed and call
for objections or suggestions from persons interested to be filed before the
prescribed authority within a time to be specified in such publication.
(2) Every such objection or suggestion shall be heard and considered by
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the said authority in the prescribed manner, who shall after the close of the
enquiry, submit the entire record of the proceedings along with his report and
recommendations to the State Government for their decision which shall be final:
1[Provided that nothing in this section shall apply to any work undertaken
for the purpose of mainten ance, repair, raising or strengthening of any flood
control work.]
6. Offences.:- Whoever obstructs any person in the course of carrying
on any proceedings under section 3 shall be deemed to have committed an offence
under section 45 of i860 of the Indian Penal Code.
7. Power to make rules.:- The State Government may make rules for
the purpose of carrying out the provisions of this Act.
8. Power to remove difficulties :- If any difficulty arises in giving effect
to the provisions of this Act, the State Government may, as the occasion may
require, do anything which appears to them necessary for the purpose of removing
the difficulty.
1. Inserted by the Orissa Hydro-Electric Projects and Flood control Works (Survey)
Amendment Act, 1962 (Or Act 10 of 1962) S. 2.

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