The Odisha Hydro Electric Projects and Flood Control Works (Survey) Act, 1961

 
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The Orissa Hydro Electric Projects and Flood Control Works (Survey) Act, 
1961 
 
Act 10 of 1961 
 
 
 
 
 
 
 
 
Keyword(s): 
Chief Engineer, Flood Control Work, Hydro-Electric Project 
 
 
ORTSSA ACT 10 OF 1961 
PREAMBLE 
TE@ ORISSA HYDRO-ELECTRIC PROJECTS 
AND FLOOD CONTROL WORKS 
(SURVEY) ACT, 1961 --- 
1, Short title and extent 
- 2. Definitions 
3. Power to take up sway 
4. Payment of compensation 
5. Publication of the scheme and objections therefe 
6. Offences 
7. Power to make rules 
8, Po'wer to remove dificulties 
ORZSSA ACT 10 OF 1961 
I[ THE -ORISSA HYDRO-ELECTRIC 
PROJECTS AND FLOOD CONTROL 
WORKS (SURVEY). 
ACT, 1961 ] 
[ Receivedtke assent of the Governor on fhe 
28th September 1961, first pblished 'in an .. 
extraordinary - issue of the Orissa Gazette, 
dated the 6th October 1961 ] 
AN ACT TO PROVIDE FOR SURYEY AND INVESTI- 
GATION OF SUITABILITY OF LANDS NEEDED FOR 
ESTABLISHMENT OF HYDRO-ELECTRIC PROJECTS . 
Am FLOOD CONTROL WORKS 1N THE STATE 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. (I) This Act may be called the Orissa Hydro- Sbort t~t~c 
Electric Projects and Flood Control Works' (Survey) and 
Act, 1961. 
(2) It shall extend to the whole of the State of. 
Orissa, 
.2. In this Act udess the context otherwise Definitions 
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" inc1u;des all works and 
constructions undertaken for the purpose 
' of cbntrolling floods; 
(c) "hydro-electric project" means a scheme in 
which water is regulated and utilised for 
the production of electricity ; 
(4 "p~.escribed" means prescribed by rules made 
byithe State Government under this ' Act. 
I. For the Stabent of Objects and Reasons see Orissu Ca:eric, Extraordi- 
nary, dated the 25th August, 1961 ( No. 607). 
-354 Tm- ORISSA HYDRO-ELECTRIC PROJECTS AND [Or. Act 181 
POWU 10 33 (1) Whenever it appears to the State Govern- 
take IW~Y. up rnent that for the purpose of any hydro-electric project 
or flood control work it is necessary to carry on survey 
and preliminary investigation in respect of lands in 
any locality to ascertain the suitability of sbch 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 
. Engi~eer shalI cause public notice of the substance of 
such notzcation to be given at convenient places in 
the said locality. , 
(2) Thereupon the Chief Engineer may authorise 
any oficer 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 
aervants and workmen to- 
(a) enter upon and survey and take levels of 
any such land; 
(b) make any survey mark and to fix reference 
marks by drilling pegs, fixing stones or by 
constructing masonry piIlars 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 ; 
(4 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, cat 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 murtyard or garden attached to 
a dwelling, house he shall give the occupier of such 
building a notice of at feast twenty-four hours of 
his intention to do so. 
(Sew. 4-6) 
4. The oficcr who has entered upon any land papent of 
cornpen- under section 3 shall, before leaving, tender co mpen- 
satinn 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 case of dispute as 
to the sufficiency of the amount so tendered, he shall 
refer the matter to the Collector for his decision. 
Such decision shaIl be final and no suit shall lie in a 
civil court to have it set aside or modified. 
5, (1) Whenever the St ate Government- propose Publication 
to execute any hydro-electric project or any flood of 
control work they shall, after completion of the survey scheme and 
objections 
and investigation as may be necessary for the puqmse thereto. 
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 withiu a time to be specified in such 
publication, 
(2) Every such objection or suggestion shall be 
heard and considered by the said authority in the 
prescribed manner, who shall after the dose of the 
enquiry, submit the entire record of the proceedings 
along with his report and recommendations to the State 
Govern~nent for their decision which shall be find: 
I[ 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. Whoever obstructs any person in the course ~BC~CCS 
~f carrying- on any proceedings under section 3 shdl 
bi! deemed to have committed an offence under section 
45 of 1860 186 of the ti Indian Penal Code. 
1. Xnscrlcd by the Orissa Hydro-Ektric Pfojccts and Rood control 
works (Survey) Amdndmrnt Act. 1962 {Or. Act I0 of 19621 1.2. 
356 1333- HYDW-&~C PROJECTS AND FLOOD [Or. Act m. - 
CONTROL WORKS (SURVEY) ACT, 1961 of 1961 / 
Powor lo 7. The State #Government may make rules* for 
makcdlts. the purpose of carrying out the provisions of this Act. 
power to 8. If any difficulty arises in giving effect to the 
, ,,,, provisions of this Act, the State Government may, as 
dificultks. the occasion may require, do any thing which appears 
to them necessary for the purpose of removing the 
dificulty. 
*For mb wder. se&n 7, me Notification NO. 21063-T+170j61-1 rt- 
date& the 25th June 1962, bl~shcd in 0tis.r-1 Gaxetre, Exttnordlnary, dated 
the 3rd July 1962 (No. 33% 

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