The ODISHA PUBLIC EMBANKMENT CONSTRUCTION AND IMPROVEMENT ACT, 1960

29
ORISSA ACT OF 1951
THE ORISSA PUBLIC EMBANKMENT CONSTRUCTION AND
IMPROVEMENT ACT, 1960
Receivedthe aunt of the Governoron the 2nd March 1951,3rd published
in an ezfraordinary i8&ueof the Orissa Gozette, dated
the 10th March 1951]
TO PROVIDE rog TME CONSTRUCTION AND IMPROVEMENT OF
Bbort title,
extent and
commence-
Definitions
EMBANKMENTS FOR PREVENTION or FLOOD IN
STATE OF OBISSA
WHEREASit is expedientto providefor theconstructionand improvement of public embankments for the preven-
Mon of flood in Orissa ;
It is hereby enacted as follows
1. (l) Thig Act may be called the Orissa Public Embankment
C0D8tuotion and Improvement Act, 1950.
(2) It extends to the whole of the State of Orisso.
(3) It shall oome into force at once.
2. In this Act, unless there is anything repugnant in the
subject or context,—
(l) G'Collector " meansthe Collector of a district and shal
include an Additional District Magistrate and any other offoer
specially appointed by the State Government to perform the
functions of a Collector under this Act.
(2) " embankment " includes (a) every bonk. dam, wall
and dyke made or used for excluding water from, or for
retaining water upon any land ; (b) every sluice, xpur,
goyne, training.Wbll or other work annexed t,o, or portion
of, any such embankment ; and (c) every bank, dam, dyke,
wall, groyne or spur mcde or erected for the protection
of any such embankment or of any land from erosion or
overflow by or of rivers, tides, waves or waters.
(3) improvement used with reference to an embank"
ment shall mean any work which adds to or alters such
embankment in a manner directly more beneficial to the purpose
for whioh it was oongtrqoted and includes the renewal of such
works. or alterations therein or additioag thereto.
(4) public embankment means on embankment main.
toinød by the State Government.
(5) prescribed means prescribed by rules made by
the State Government under this Act.
Initiation of 3. (1) Whenever the State Government deoides that
proceedings construction or improvement of any public embankment
for the prevention or control of flood should be undertaken,boring of
objections. noticeto that effectshallbo publishedin tho prescribedmanner
inviting objections,if my, from the personslikely to be
by the project
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(2) If objections aro received, a date, which ghall not be
less than fifteen days after the expiration of the pres.
oribed period, shall be fixed by the Collector for hearing the
objections received during the Sbid period relating to tho pro-
posed work. The Collector shall hear the objections on the dote
appointed or on any subsequent date to which the hearing may
be adjourned and hold such inquiry as he thinks fit.
(3) After holding the inquiry referredto in sub.section(2)
the Collector shall forward report on the Objections to the
State Government.
(4) After receipt of the report and in all oases before the
construotion or improvement is undertaken, tho State Govern-
ment shall cause an examination of the proposed work to be
made by the Chief 'Engineer (Irrigation) or any other omoer
specially authorised in,this behalf by the State Government.
(5) The State Government after considering the report
of the Collector and the recommendation Of the Commissioner•
if any, and the report under sub-section (4) may, by notificor
tion, direct that the proposed work shall not be executed or
that it shall be executed with such modifications, if any, as
*ate Government may specify therein.
(6) At any time after the publication of the notification
under sub-section (5) the State Government moy, by further
notification, direct thSt the proposed work shall nob be executed
or that it shall be executed with such further modifications
may be specifiöd in that tnotifioation.
t4. (l) The cost incurred in tbe oonstruction or improvemenRecovery of
of any* public embankment may be reoovered* in whole or incost.
part, as the State Government may deem fit, from the persons
whoarobenefitedor arelikely tb bebenefitedthereby.
(2) If two or more persons are benefited or are likely to
be benefited by such construction or improvement, the
Collector shall apportion the cost thereof among them in the
prescribed manner and 80 far og practicable in tho same
proportion as the area, benefited and owned by each Of such
persons respeotivoly bears to the total area so benefited.
(3) A-IIcost under this section shall be payable in equal
instalments on such days as the Revenue Commissioner or the
Commissioner, Northern Division, as the oase may be, shall
direct :
Provided that no instalment shall exooed eight annag for
every acre of land in respectof which the some is payable and
that not more than four instalments shall be payable in any
one year :
Provided further that when a new embankment is
constructed and the cost incurred in the construction has
already been realised therefor, no cost on account of improve-
ment of such embankment, effected within ten years after the
completion of the construction, shall be realised from the
persons benefited or are likely to be benefited thereby.
(4) Instalment or instalments remaining unpaid in any
year shall bo recoveredat the expiry of the yeart an arrear
of land revenue.
* Inse&d by section 2 of Orissa Act XXX.n Of 1951.
-t Subntitut,ed by orisea Act xx.XII of
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Sø#lement 5. If there iB any dispute ag to the porgon or persous who
shbll be liable to pay the oost of construction or improvement
Appeal
of the ombankment or as to the apportionment of euh expenses
amongst those persons, .such dispute shall be decided by the
Collector.
e. (l) Any person aggrieved by any order passed under
section 5* may, within thirty days from the date of the order
present an appeal to tho Revenue Commissioner or tho
Commissioner, Northern Division os the case may be.
(2) The Revenue Commissioner or the Commissioner
Northern Divieion, as the casemay be, shall then gend for the
record of the cagefrom the Collector and, gfter peruei_ng such
record and making such further enquiriee, as he thinks fit,
decide the appeal.
(3) The decision of the Revenue Commissioner or the
Commissioner, Northern Divieion, as the ca8e may be and
subject only to such deoi8ion an order of the Collector under
seot.iou 5 Shall, subject to the provision of Bub.goction (4), be
final.
(4) The State Government may, upon application or
their own motion, revise any order passed under gub-section (3
Protection 7. (1) No suit, prosecution or other legal proceedingshall
ofactiQL lie against any person for anything which ig in good faith donetaken under
or intended to be done in pursuance of thig Act or of the rulesthe Aot.
or orders made thereunder.
(2) No suit OEother leghl prooeeding shall lie against the
Government for any damage caused or likely to be caused by
ony€bing which iB in good faith done or intended to be done in
pursuanoo of any provi8ion of this Aot or of any rule or order
made thereunder.
8. 'ChBS6B€øGovernment may make rules to carry out thePower to
makerulee. purposes of thig Act and for the guidance of omoers in
mbtters connected with its enforcement.
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