The Odisha Irrigation Act, 1959.

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 S tate 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 S tate
exchequer for construction of irrigation works in the whole S tate 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 p ayment of water rates and cess should be made
obligatory on persons deriving benefit s 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
1. Orissa Extraordinary Gazette No. 62 - MLL- Dt.1.1.1956 Notification No.
6569- Legis dt. 10.10.1959.
2. Added vide O.A. 3 of 1994 Pub.in O.G.E. No. 133 dt. 2.2.1994 Notification
No. 1769- legis 2.2.1994.
3. Orissa Gazette Extraordinary No. 486 dt. 4.12.1957.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 62 - MLL Dated. 01 January,1956
2
and for the recovery of the cost of construction of watercourses when such cost
is incurred by Government to popularise use of water from the irrigation works.
There is at present no law in the state to carry out all these objectives.
The provisions of the existing irrigation Acts, are to  all intents and purposes,
not sufficient carry out all these objects consistent with the modern principles of
using irrigation water to the full, nor is any of them applicable to the Ex-S tate
areas. This Bill, therefore, seeks to consolidate the existing laws, introduce a
system of firm basic rate as recommended by the committee appointed to
investigate into the direct benefits of Hirakud Dam Project and to bring about
uniformity in the irrigation laws in the whole of the State of Orissa.
CHAPTER - I
PRELIMINARY
1. Short title and extent :– (1) This Act may be called the Orissa Irrigation
Act, 1959.
(2) It extends to the whole of the State of Orissa.
NOTES
The scheme of the Act indicates that the lands within the irrigable
command would be liable to compulsory basic water rate which would be in the
nature of a tax as it would be leviable whether water is actually utilised or not
from an irrigation work, while the scheme under Chapter IV makes provision for
supply of water on p ayment of  money and any levy under Chapter VI is co-
related to actual supply - See- (1070) 36 CLT 163.
Orissa Irrigation Rules, 1961- Rules 13 and 20  - Application of the
provisions and procedures to followed, indicated-Publication of notice in Form-
F in every village from which water-course is proposed to be taken is mandatory-
Purpose explained-See- 1995 (i) OLR (NOC) 22: 80 (1995 CLT 18, Baisakhu
Bhoi and others v. State of Orissa and others.
2. Application :– Section 1 shall come into force at once. The State
Government may, be 1notification in the Official Gazette, apply the rest of the
provisions of this Act, or any portion thereof to any local area or to any irrigation
work or class of irrigation works, and may also, by a like notification subsequently
exclude any portion of such local area or any such irrigation work or class of
irrigation works from the operation of this Act. From such date as may be
specified therein.
NOTES
Sections 2 to 56 came into force  with effect from 1st June 1961 in the
whole of the State of Orissa except the area where water rates and ceses are
being levied under the provisions of the Bengal Irrigation Act, 1876 (Ben, Act III
of 1876); and the Madras Irrigation Cess Act, 1865 (Mad, Act VII of 1865), vide
1. Came in to force W .e.f. 1st June, 1961-vide O.G .E. No. 362-d t 25-02-
1961.
3
Notification No. 24431, dated 24.5.1961,published  in the Orissa Gazette,
Extraordinary No. 362, dated 25.5.1961, published in the Orissa Gazette,
Extraordinary. No. 378, dated 30.5.1963.
3. Repeal and savings :–  On the date of application of this Act or any
portion thereof to any local area or to any irrigation work or class of irrigation
works by a notification under S. 2, such of the Acts specified in the Schedule
and the rules and orders made thereunder as where in force in the area to
which they apply and all laws, rules or orders in force and applicable to the
areas other than those mentioned in the Schedule and now forming part of the
State of Orissa shall in respect of that area or any irrigation work or class of
irrigation works, stand repealed:
Provided that such repeal shall not affect-
(a) the previous operation of the  said Acts, rules and orders, or
anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or
incurred under the said Acts, rules, laws or orders; or
(c) any penalty, forfeiture or punishment in respect of any of fence
committed under the said acts, rules, laws or orders ;or
(d) any investigation, legal proceedings or remedy in respect of any
such right, privilege, obligation, liability, forfeiture or punishment
as aforesaid, and any such investigation, legal proceedings or any
action for remedy may be continued, enforced or instituted with
respect to any act previously done and any such penalty, forfeiture
or punishment may be imposed as if this Act or any portion thereof
bad not come into force.
4. Definitions :–  In this Act, unless there is anything repugnant in the
subject or context-
1[ x x x x x x x x x ]
2(1) Board of Revenue –  "Board of Revenue" means the Board of
Revenue as constituted under the Orissa Board of Revenue Act,
1951 (Orissa Act 23 of 1951) as amended by the Orissa Board of
Revenue (Amendment) Act, 1957 (Orissa Act 18 of 1957);
(2) Collector – "Collector" means the Collector of a district and
includes a Deputy Commissioner or other officer appointed under
the act by the State Government to exercise all or any of the powers
of a Collector;
(3) Commissioner –  "Commissioner" means a Revenue Divisional
Commissioner as defined in the Orissa Revenue Divisional
Commissioners Act, 1957 (Orissa Act 19 of 1957);
3(4) Compulsory basic water rate –  "Compulsory basic water rate"
means a flat-rate per acre of land within the culturable commanded
1. Ommited by Act, 21 of 1974.
2. Renumbered by Act, 21 of 1974.
3. Inserted by Orissa Act, 21 of 1974.
4
area of an irrigation work p ayable  to the S tate Government for
supply of water, whether used or not, from an irrigation work for
irrigation of staple cereal  crop generally grown in such area.
Explanation :– For the purpose of this clause "law within culturable
commanded area" shall not include any land which does not, except under
circumstances specified in S. 22, actually get water from an irrigation work;
NOTES
Irrigation work is defined under Sec. 4 (d) of the  Act as to include all land
occupied by the Government for the purpose of reservoir, tanks, etc. and others
structures occupied by or on behalf of the State Government on such land. A
reservoir cannot be  understood merely to  be a  means to hold water in a
stream. It is only by controlling the following stream in all area that water can be
stored in a reservoir. Viewed thus, irrigation work would include land used for
such purpose. Reservoir may not necessarily mean only the constructed part of
the  land, but includes the area where the water is held by a dam constructed by
the Government; then if from such a point falling within that area water is drawn
it must be held that the appellant is liable to pay the  water rate. Under Section
28 of this Act, the Irrigation Officer is empowered to fix the compulsory basic
water rate for supply of water from a Government source as distinguished from
a private source. Orient papers v. Tahasildar- Cum-Irrigation Officer : 87
(1999) CLT 108 (Sc).
(5) Culturable Commanded Area – "Culturable Commanded Area"
means all lands under irrigable command of an irrigation work are
fit for cultivation.
(6) Drainage work – "Drainage work" includes channels, either natural
or artificial, for the discharge of waste or surplus water and all
works connected with or auxiliary to such channels and escape
channels from an irrigation work, embankment s sluices, groins
and all works for the protection of lands from flood or from erosion
formed, constructed or maintained by the State Government either
wholly or in part;
1[6-a)  "Government water source" – means any water source created
naturally or otherwise by collection or deposit of water at a fixed
place, any sub-oil water or water in a st ate of running such as
rivers, nalas, springs, stream and the like, which is other than an
irrigation work and is the property of the Government];
(7) Irrigation Officer –  "Irrigation Officer" means an officer appointed
under this Act to exercise control or jurisdiction over an irrigation
work or any part thereof and includes an Additional Irrigation Officer;
(8) Irrigation Revenue – "Irrigation Revenue "includes all sums
payable to Government for the use of or right to use of waste
water from an irrigation work;
1. Renumbered by Act, 21 of 1974
5
(9) Irrigation Work –  "Irrigation work" included-
(a) all reservoirs, tanks, anicuts, dams, weirs, canals, barrages,
channels, pipes, wells, tube-wells and artisan wells
constructed, maintained or controlled wholly or mainly by
the S tate Government or by any Panchayat Samiti,
constituted under the Orissa Panchayat Samiti and Zilla
Parishad Act, 1959, (Orissa Act 7 of 1960 ) on behalf of
such Government for the supply of storage of water;
(b) all  works, embankment s, structures, supply and escape
channels connected with such reservoirs, t anks, anicuts,
dams, weirs, canals, barrages, channels, pipes, wells, tube-
wells and artisan wells and all roads constructed for the
purpose of facilitating the construction or maintenance of
such reservoirs,tanks, anicut, dams, weirs, canals, barrages,
channels, pipes, wells, tube-wells and artisan wells;
(c) all water courses and drainage works as herein defined;
(d) all lands occupied by the Government for the purpose of
such reservoirs, t anks, anicut s, dams, weirs, canals,
Barrages, channels, pipes, wells, tube-wells and artisan
wells and all buildings, machinery, fences, gates and other
structures, occupied by or belonging to the S tate
Government upon such lands;
(10) Lands under irrigable command – "lands under irrigable
command" means such lands as are irrigated or capable of being
irrigated by flow from an irrigation work being under its command
and shall include also such cultivated lands which receive, in the
opinion of the Irrigation Officer or the Collector, by percolation or
otherwise from an irrigation work or by indirect flow, percolation or
drainage from or through adjoining land, an advantage beneficial
to and sufficient for the requirements of the crop;
1(10-a) "Minor irrigation work"  means an irrigation work having
culturable commanded area of not more than two thousand
hectares;
(11) Occupier –  "Occupier" includes an occupier of land or property
who cultivates or possess the same for the time being;
(12) Outlet –  "Outlet" includes an opening constructed by the S tate
Government in an irrigation work through which water is delivered
into a water course of directly on to any land;
(13) Owner –  "Owner" includes every person having interest in the
ownership of land or property and all rights and obligations which
attach to an owner under the provisions of this Act shall att ach
1. Substituted by Orissa Act, 17 of 1981.
6
jointly and severally to every person having such joint interest in
the ownership;
(14) Prescribed –  "Prescribed" means prescribed by rules made under
this Act;
1(14-a) "Rabi crop"  means any crop notified as such by the S tate
Government and dif ferent crop s may be notified in respect of
different areas;
2(14-b) Staple cereal crop – "Staple cereal crop" means any crop notified
as such by the S tate Government and dif ferent crop s may be
notified in respect of different areas;
(15) Vessel –  "Vessel" includes, boats, rafts, timber and other floating
bodies;
(16) Water Cess – "Water Cess" is the amount payable in respect of
any land under the irrigable command of certain classes of irrigation
works to be notified from time to time for the maintenance and
repairs of such works;
(17) Water Course- "Water Course" means any channel or pipe not
maintained at the cost of the State Government which is supplied
with water from an irrigation work and includes all subsidiary work
connected with any such channel or pipe, except the sluice or
outlet through which water is supplied from an irrigation work to
such channel or pipe;
(18) Water Rate -  "Water Rate" is the amount of revenue p ayable to
Government for the supply of water for 3[any crop, other than staple
cereal crop, 4[ xxxxxx ] whether the water is used or not.
Explanation :– When water rate is changed for irrigation, it shall be with
reference to a single crop per acre of land .
CHAPTER - II
CONSTRUCTION AND MAINTENANCE OF IRRIGATION WORKS
5. Power to enter and survey, etc. :– (1) Any Irrigation Officer, or any
person acting under the general or special order in writing of an Irrigation Officer,
may-
(a) enter upon and lands adjacent to any irrigation work or  water-
course, or through which any irrigation work or  water-course is to
be made, and under take surveys or levels thereon;
1. Inserted by ibid.
2. Renumbered by Orissa Act, 17 of 1981.
3. Substituted by Orissa Act, 21 of 1974.
4. Words "to be notified by the State Govt, in this behalf and generally grown
in the area omitted by Orissa Act, 24 of 1962.
7
(b) dig and bore into sub-soil;
(c) make and setup suitable land-marks, level-marks, water-gauges
and other apparatus;
(d) do all other acts necessary for the proper prosecution of any inquiry
relating to any existing or projected irrigation work or water-course
under the charge of the said Irrigation Officer;
(e) Whether otherwise such inquiry cannot be completed, cut down
and clear away any part of standing crop, fence or jungle; and
(f) enter upon any land or building for the purpose of inspecting or
regulating the use of the water supplied, or of measuring the lands,
irrigated thereby or chargeable with irrigation revenue and of doing
all things necessary for the proper regulation and management of
any irrigation work:
Provided that, if such Irrigation Officer or person proposes to enter into
any building or any enclosed Court attached to a dwelling house he shall give
the occupier of such building or Court at least twenty-four hour's notice in writing
of his intention to do so.
(2) After entry under this section, the Irrigation Officer shall, before leaving,
tender compensation to the owner or  occupier of such land for any damage
which may have been caused by any proceeding under this section; and, in
case of  dispute as to the sufficiency of the amount so tendered, he shall refer
the matter for decision by the Collector, Such decision shall be final, and no suit
shall lie in a Civil Court to  have it set aside or modified.
(3) Whenever the State Government propose to construct any projected
irrigation work they shall, after completion of the survey and enquiry as may be
necessary, for the purpose in accordance with the provisions of Sub-section
(1), published in the prescribed manner the description of the said work indicating
the situation thereof and the area likely to be benefited  or adversely affected
thereby along with any further p articulars 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.
Every such objection or  suggestion shall be heard and considered by
the said authority in the prescribed manner , who shall af ter the close of the
enquiry submit the entire record of the proceedings along with his report and
recommendations to the S tate Government for their decision which shall be
final:
1[Provided that nothing in this sub-section shall apply in respect of any
minor irrigation work and the procedure to  be followed in the construction of
any such work shall be as may be prescribed.
Explanation :– For such purposes of this sub-section "construction of
any project irrigation work" shall include the  extension or improvement of any
irrigation work if as a result of such extension or in provement—
1. Inserted by Orissa Act, 24 of 1962
8
(a) the anicut of such irrigation work is increased ;or
(b) such irrigation work is assigned a class higher than that to which it
belonged].
6. Power to enter for repairs and to prevent accidents :– (1) in case
of any accident happening or being apprehended to an irrigation work, any
Irrigation Officer or any person acting under his general or special orders in
writing in this behalf, may  enter upon any lands adjacent to such irrigation
work, and may execute all works which may be necessary for the purpose of
repairing the damages caused by or preventing such accident.
(2) In every such case the Irrigation Of ficer shall tender compensation
within one month to the owner or occupier of the said lands for all damages
caused thereto by the entry or by any works executed thereon. If such tender is
not accepted, the Irrigation Officer shall refer the matter to the Collector who
shall thereupon give notice in writing to the person or persons interested in
such land and to the Irrigation Officer requiring them to attend before him on a
date to be fixed in the notice for the purpose of making enquiry as to the amount
of compensation. The Collector shall af ter making such enquiry as he may
deem necessary decide the amount of compensation payable to such person
or persons.
7. Power to prohibit obstructions or to order their removal :–
Whenever it appears to the  State Government that injury to any land or  to the
public health or public convenience has arisen or may arise from the obstruction
of any river , spring, stream, irrigation work or drainage work, they may , by
notification published in the Gazette, prohibit within limits to be defined in such
notification, the formation of  any obstruction, or may, within such limits, order
the removal or modification of such obstruction.
8. Power to remove obstructions :– (1) The Collector, or any Irrigation
Officer authorised by the S tate Government in this behalf, may , after such
publication, issue an order to the person causing or having control over any
such obstruction to remove or  modify it within a time fixed in the order.
(2) If, within the time so fixed, such person does not comply with the
order, the Collector or the said Irrigation Of ficer may remove or modify the
obstruction and the expenses incurred in such removal of modification shall be
recoverable from the person concerned as arrears of land revenue:
Provided that the Collector or the Irrigation Officer authorised by the State
Government may , in cases of emergency , remove the obstruction before
publication and the expenses incurred shall be recoverable in the same manner.
9. State Government to provide means of crossing canals :– (1) There
shall be provided, at the cost of the State Government, suitable means of crossing
canals constructed or maintained at the cost of the State Government at such
places as the State Government think necessary for the reasonable convenience
of the inhabitants of the adjacent lands.
9
(2) On receiving a statement in writing, signed by not less than five persons
who may be owners or occupiers of such lands; to the ef fect that  suit able
crossings have not been provided on any canal, the Collector shall cause an
enquiry to be made in the matter and if he thinks that the st atement requires
favourable consideration, he shall report his opinion thereon for the consideration
of the State Government, and the State Government shall cause to be t aken
such measures in reference thereto in the prescribed manner.
10. Power to impress labour in emergency :– (1) Whenever it appears
to the Irrigation Officer or any officer acting  under his general or special orders
in this behalf, that, unless some work is immediately executed, such serious
damage shall happen or continued to happen to any irrigation work as is likely
to cause or continue to cause serious public injury or serious interruption of the
normal course of irrigation and that the labour necessary for the proper execution
thereof cannot be obtained in the ordinary manner in time to prevent such injury
or interruption or  to remedy it within a reasonable time, the Irrigation Officer or
any officer acting under the said orders, may, by public  Proclamation by beat of
drum, require every owner and occupier of irrigable land resident in any village
within five miles of the place where the work is to be executed, and every
agricultural labourer employed by them, to attend in person at such place to
carry out such duties as he may allot to them in connection with the execution
of the work necessary for the safety of the particular irrigation work.
2. If the Irrigation Officer, or any officer acting under his orders is of opinion
that the amount of labour likely to attend in pursuance of an order under Sub-
section (1) is not sufficient, he may at any time, in like  manner and  subject to
the same conditions as laid down in Sub-section (1) issue a like order requiring
the attendance of all cultivators or of all agricultural labourers or of both resident
within five miles of the place where the work is to be executed.
3. The rates of wages to be paid for such work shall be at the approved
rates of the W orks Department for labour or services performed during day
time and at double such rates for any labour or services performed during night
time, and any person attendinging compliance with the proclamation shall be
paid for the whole period during which he is thereby prevented from following
his ordinary avocation.
4. No person shall be required to carry out any duties under this section
for which such persons unfitted by reason of age, sex, health or bodily infirmity.
CHAPTER - III
CONSTRUCTION AND MAINTENANCE OF WATER-COURSES
11. Construction of water-courses :– For the purposes of making use
of the water of an Irrigation Work the water-courses shall be constructed by the
persons to be benefited at their own cost.
12. Construction, extension, improvement or alteration of a water-
course on the application of person interested :– (1) Any owner of land
desiring the construction, extension, improvement, or alteration of a water-course
10
may apply in writing to the Irrigation Of ficer, and the  said Of ficer may, after
giving such notice and causing such enquiries as may be prescribed either
permit the applicant to construct, extend, improve or alter the said water-course
or, if the applicant so desires, have it constructed, extended improved or altered
through Government agency on such terms and conditions to be fixed by the
Irrigation Of ficer as regards p ayment of cost s, mode of execution, time of
completion, facilities to be afforded by the applicant to safeguard other interests
or to benefit other lands whose owners may apply for the same, and other
matters as may be relevant in each case or may reject the application.
(2) Any person aggrieved by an order under Sub-section (1) may within
thirty days from the date of intimation of the order, appeal to the Collector and
his decision thereon shall be final.
(3) if it is necessary to acquire any land for the purpose of Sub-section
(1) the Collector may on application for the said purpose proceed to acquire the
same under the provisions of the Orissa Development of Industries, Irrigation,
Agriculture, Capital Construction and Resettlement of Displaced Persons (Land
Acquisition) Act, 1948 (Orissa Act 18 of 1948) or any other law for the acquisition
of land for the time being in force.
NOTES
Secs. 12, 29, 47– Orissa Irrigation Rules 46,47,54,57 and 59 Limitation
and procedure for appeal, indicated- 1995 (I) OLR (NOC) 22; 80(1995) CLT
18,
13. No alteration of water-course except with the consent of Irrigation
Officer- No water-course construct, extended, improved or altered under the
provisions of 12 shall be altered without the consent of the  Irrigation Officer.
14. Obligations of owners of land receiving supply from water-
course :– All owners and occupiers of land receiving supply of water from a
specified water-course shall be bound-
(a) to maintain such water-course in a fit state of repair;
(b) to allow the use of it to any person entitled to the same by reason
of an order passed under S. 12 or otherwise;
(c) to construct and maint ain all works necessary for the p assage
across such water-course of canals, water-courses, drainage,
channels and public roads existing at the time of such construction
and of the drainage intercepted by it, and for af fording proper
communications across it for the convenience of the occupants of
the neighbouring lands.
15. Enforcement of said obligations :– (1) If the owners and occupiers
of lands receiving supply of water from a specified water-course fail to fulfil any
obligation imposed on them by Cls. (a) and (c) of S. 14, the Irrigation Of ficer
may require them by public notice to execute the necessary work or rep air
within such period as may be  prescribed not being less than five days from the
date of the said notice and in case of their default the Irrigation Of ficer may
11
execute the same on their behalf.
(2) The expenses incurred by the Irrigation Officer on any work or repair
under Sub-section (1) shall be recoverable pro rata on the basis of the acreage
of  land benefited by the water-course from the defaulters as arrears of land
revenue.
16. Settlement of disputes concerning water-courses :– Whenever
a dispute arises between two or more persons in regard to their mutual rights or
liabilities in respect of  the use, construction or maintenance of water-course, or
among joint owners of a water-course as to their respective shares of  the
expenses of constructing or maintaining such water-course or as to the  amount
severally to be contributed by them towards such expenses or as to failure on
the part of owner to contribute his share, any person interested in the matter of
such dispute may apply in writing to the Irrigation Officer stating the matter in
dispute.
Such officer shall thereupon proceed to make a summary enquiry into
the matter in the manner prescribed and pass order thereon.
Against the said order of the Irrigation Officer an appeal shall lie to the
Collector within thirty days from the date of communication of said order and
the decision of the Collector in appeal shall be final unless set aside by a decree
of a Civil Court.
17. Use of land acquired for water-course for other purpose :– No
land acquired under this Chapter for a water-course shall be used for any other
purpose without the previous consent in writing  of the Collector.
18. Construction of water-course by Government and recovery of
cost incurred :– Notwithstanding the previous contained in Sections 12 and
13 of this Chapter if the S tate Government consider it expedient to construct
the water-courses pertaining to any irrigation work, they may lay out, construct
and maintain at the cost of Government in the first instance, the entire system
of water-courses or a substantial section of it, and effect recovery of the  cost
so incurred from the owners and occupiers of the lands other than the tenants
protected under the Orissa Tenant's Relief Act, 1955 (Orissa Act V of 1955)
benefited thereby in the form of a general  enhancement of the 1[compulsory
basic water-rate or water-cess] 2[or by the imposition of a special rate per acre
in the manner prescribed:
Provided that in consideration of special circumst ances the S tate
Government may decide to exempt the said owners and occupiers either wholly
or partly from the said payments.
1. Substituted by Orissa Act, 10 of 1968.
2. Substituted by Orissa Act, 21 of 1974.
12
19. Special provision for recovery of p ast expenses incurred by
Government- All expenses incurred by the S tate Government in connection
with the construction and maintenance of water-courses and acquisition of lands
therefore before the coming into force of this Act under any irrigation works
including the Hirakud Dam Project shall be recovered from the owners and
occupiers of the lands other than the tenants protected under the Orissa Tenant's
Relief Act, 1955 (Orissa Act V of 1955) benefited or to be benefited by such
water-courses 1[in the form of a general enhancement of the compulsory basic
water-rate or by the] imposition of a special rate per acre in the manner prescribed
under S. 18 :
Provided that in consideration of any special circumst ances the State
Government may exempt such owners and occupiers either wholly or p artly
from payment of such 1[water-rate or special rate, as the case may be].
CHAPTER - IV
SUPPLY OF WATER
20. Water supply to be subject to rules :– All supply of water from an
irrigation work shall be subject to such rules or orders as may be prescribed or
issued by the State Government from time to time with respect to rates, conditions
or any other matter.
2[20-A. Regulation and use of water from Government water
source :–  ( 1) The State Government may, in the public interest-regulate the
use, diversion, collection or consumption of water from Government water source
for industrial and commercial purposes other than agriculture.
(2) On and after commencement of the Orissa Irrigation (Amendment)
Act, 1993, no person shall use, divert, collect or consume water from Government
water source for any industry or commercial establishment except in accordance
with a licence granted under this Act.
(3) The licence referred to in Sub-section (1) shall be subject to such
terms and conditions, and shall be obtained from such authority, in such manner,
and subject to payment of such fees, as may be prescribed.
(4) Notwithst anding anything cont ained in Sub-section (1) or in any
subsisting contract, any person using, diverting, collecting or consuming water
from Government water source for any industry or commercial establishment
immediately before the commencement of the Orissa Irrigation (Amendment)
Act, 1933 may continue to do so and shall be deemed to have been granted a
licence under this Act–
(i) for a period of three months from the date of such commencement;
or
1. Substituted by Orissa Act, 21 of 1974.
2. Insert vide Orissa Gazette Ext. No. 133/2-2-1944 - Notification No. 1769
legis 2-2- 1994- O.A. No. 3 of 1994.
13
(ii) if an application for the required licence is duly made in the
prescribed manner to be appropriate authority with in the period
specified in Clause (i), till the disposal of such application.
(5) Any person who uses, divert s, collect s or consumes water from
Government water source in contravention of the provisions of this section,
shall on conviction, be punishable with imprisonment for a term which may
extend to three months, or with fine which may extend to twenty-five thousand
rupees, or with both and where any such person af ter being convicted under
this sub-section for the offence continues to commit the offence or commits it
for second or any subsequent time he shall be punishable with imprisonment
for a term which may extend to six months, or with fine which may extend to fifty
thousand rupees, or with both.
(6)(a) Where an offence under this Act has been committed by a company,
every person who, at the time the of fence was committed, was in charge of,
and was responsible to, the Comp any for the conduct of the business of the
company, as well as the Company, shall be deemed to be  guilty of the offence
and shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this Sub-section shall render any such
person liable to any punishment, if he proves that the offence has been committed
without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
(b) Notwithstanding anything cont ained in Sub-section (1), where an
offence under this Act has been committed by company and it is proved that the
offence has been committed with consent or connivance or  is attribut able to
any neglect on the part of , any Director, Manager, Secretary or other Officer of
the Company, such Director, Manager, Secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
(7) The rules that may be made for the purpose of  this section may
provide that the State Government may, in  any case or class of cases, exempt
in part or in full the payment of the required licence fee for any specified period
in the interest of industrial and commercial developments in the State.
Explanation :– For the purpose of this section-
(a) "Commercial est ablishment" shall have the same meaning as
defined in the Orissa Shops and Commercial Establishment Act,
1956;
(b) "Company" means a body corporate and includes a firm of  other
association of individuals;
(c) "Director in relation to firm", means a partner in the firm; and
(d) "Industry" shall have the same meaning as defined in the Industrial
Disputes Act, 1947.]
21. Water to be supplied on written application :– (1) Any person
desiring to have supply of water from an irrigation work shall submit a written
14
application to that ef fect to the Of ficer duly empowered to receive such
applications within such date, in such form and in such manner as shall from
time to time be prescribed by the State Government in this behalf:
1[Provided that no such application shall be necessary for irrigation of the
crop or crops for which a compulsory basic water-rate is levied by the S tate
Government under S. 28 2[or for irrigation of any rabi-crop].
2[(1-a) The supply of water for rabi crops shall be made and regulated in
such manner and shall be subject to such conditions as may be prescribed.]
(2) water supply for purposes other than those of irrigation.  If the
application be for a supply of water to be used for purposes other than those of
irrigation, of officer duly empowered may, subject to the rules to be made under
this Act, give permission for water to be t aken for such purposes under such
special conditions and restriction as to the limitation, control and measurement
of the supply as may be imposed in each case and Subject to such special
rates as may be fixed for the purpose.
NOTES
Supply of water for purposes other than the irrigation is also covered by
the statute and levy of water rate or water cess for such supply is also provided
therein [See 61 (1996) CLT 209].
22. Power to stop water supply:– 3[(1) the supply of water to any water
course or to any person who is entitled to such supply shall not be stopped
except under such circumstances and subject to such limitations as are specified
below, namely:
(a) whenever and so long as it is necessary to stop such supply for
the purpose of executing any work ordered by a competent
authority;
(b) whenever and so long as any water-course by which such supply
is received is not maint ained in such rep air as to prevent the
wasteful escape of water therefrom;
(c) whenever and so long as it is necessary to do so in order to supply
in rotation the legitimate demand of other persons entitled to water;
(d) whenever and so long as it may be  necessary to do so in order to
prevent the wastage of misuse of water;
(e) within periods fixed from time to time by an officer duly empowered
in this behalf, of which due notice shall be given;
(f) whenever and so long as it is necessary to stop such supply
pending a change in the source thereof by an of ficer duly
empowered in this behalf .
4[ x x x x x x x x x x x ]
1. Substituted by Orissa Act, 21 of 1974.
2. Inserted by Orissa Act, 17 of 1981.
3. Renumbed by Orissa Act, 10 of 1978.
4. Omited by Orissa Act, 21 of 1974.
15
23. Duration of supply :– When water is supplied for the irrigation of
one or more crops, the permission to use such water shall be deemed to continue
only during the period such crop or crops come to maturity.
24. Right to supply of water transferable along with property in
respect of which supply given :–  Every right to be supply of water for
agricultural purposes to any land or other immovable property shall be attached
thereto and shall be presumed to have been so transferred whenever a transfer
of such land or other immovable property takes place.
Right to use of water not transferable in other cases without permission
of officers duly empowered. No person entitled to the  use of any water or land
appertaining to any irrigation work, except in the case where an agreement has
been executed in the manner prescribed, shall be entitled to use the water of
the said irrigation work, for the purpose of selling or sub-letting, or otherwise
transferring his right to such  use without the permission of an of ficer duly
empowered to grant such permission.
25. No claim against State Government :– (1) No claim other than by
way of remission of water rates shall lie against the State Government in respect
of loss causes by the failure or stoppage of water of an irrigation work by reason
of any cause beyond the control of the S tate Government or of any rep air,
alteration or addition to the irrigation work, or of any measures taken for regulating
the proper flow of water therein, or for maint aining the established course of
irrigation which is considered necessary.
(2) Claims on account of interruption from other causes. If the supply of
water to any land irrigation from an irrigated work be interrupted otherwise than
in the manner specified in the  preceding Sub-section, the Collection may on
application allow such remission as may be considered reasonable and his
decision in this regard shall be final.
NOTES
Sub-section (1) as apparent from the provisions contained therein does
not purport to bar the Jurisdiction of the Civil Court in respect of suits for damages
field on account of any tortious action. It only lays down that in the event of  any
loss caused by the failure or stoppage of water of an irrigation work, the affected
party is to claim a remission of water rates. Sub-section (2) provides as to how
such claims for remission of water rates can be made before the Collector
State v. pranabandhu. 85 (1998) CLT 553 : AIR 1998 ORISSA 156.
26. Owner and occupier to afford free passage of water over their
lands :– (1) For the purpose of irrigation or drainage on lands under the irrigable
command of an irrigation work the owners or occupiers of such land shall be
bound to afford free passage of water through or over all lands in their possession
or under their control without causing unnecessary loss or damage to their
lands.
16
(2) If the owner or occupier refuses to allow free passage for water through
or over lands in his possession or control, the Irrigation Officer may take such
expeditious steps as he thinks necessary to allow such p assage and recover
the cost in that behalf, if any, in the manner prescribed.
CHAPTER - V
LEVY OF WATER RATE AND CESS
27. Classification of irrigation works :– 1[All irrigation works belonging
to or constructed by or on behalf of the S tate Government shall be classified
into such number of classes as the State Government may determine having
regard to the cost of construction of the work, the duration of supply of water
and the amount of water supplied from such works and the compulsory basic
water-rate, water-rate or water-cess shall believed in respect  of each such
class of irrigation work in any district or specified area at such  rates as may be
fixed by the State Government in the prescribed manner.
28. Levy of  water rates and compulsory basic water rates :– The
Irrigation Officer or such officer duly empowered by the State Government shall
thereupon in the prescribed manner fix 2[the compulsory basic water rate and]
the water-rate payable in respect of each such work in any district or in any
specified area according to the classification and the rates as finally  determined
under S. 27:
Provided that levy of 3[compulsory basic water rate] shall not be made in
respect of low lands which are ordinarily liable to the water logged, the particulars
where of shall be, as may be prescribed:
Provided further that such levy with respect to low lands which do not
ordinarily require irrigation except in years of drought shall be at such
concessional rate as may be prescribed :
Provided also that such levy with respect to area where lif t irrigation is
allowed to be provided at the expense of the owners and occupiers shall be at
such reduce rate as may be prescribed :
Provided further that in respect of lands which are already under irrigation
from private sources, the 4[basic water-rate] to be levied shall be the difference
between the 3[compulsory basic water-rate] of the irrigation work which is
provided and the estimated rate for the existing source of irrigation.
Explanation :– The said estimated rate shall be, as may  be determined
in the prescribed manner.
1. Substituted by Orissa Act, 24 of 1962.
2. Inserted by Orissa Act, 21 of 1974.
3. Substituted by ibid.
4. Omitted by Orissa Act, 10 of 1968.
17
1[ 28-A. Re- assessment of water rate af ter consolidation of
holdings :– (1) After closure of consolidation operations carried on in any area
under the Orissa Consolidation of Holdings and Prevention of Fragmentation of
Land Act, 1972 (Orissa Act 21 of 1972), the officer empowered in that behalf  by
the Sate Government shall re-assess the water rate of compulsory basic water
rate, as the case may be, in respect of lands situate in the  said area.
(2) In re-assessing the rates as aforesaid, the officer shall, as far as may
be, follow the procedure prescribed for fixation of the rates under S.28.
28-B. Review :– An order p assed under S. 28 or S. 28-A  may, after
giving notice to all persons concerned, be reviewed within the prescribed period
by the officer who passed the order or by his successor in office either on his
own motion or on an application made by an aggrieved person, on the ground
of any clerical mist ake or error in the course of proceedings under the said
section.]
2[29. Appeal :– (1) Any person aggrieved by any order made under S.28,
S.28-A or S. 28-B may prefer an appeal in the prescribed manner and within the
prescribed period to the Sub-divisional Officer having jurisdiction.
(2) The Sub-divisional Officer having jurisdiction may also on his own
motion annul or modify any such order as aforesaid:
Provided that no proceedings under this sub-section shall be initiated
after the expiry of the prescribed period and  no orders shall be passed thereunder
without giving the parties concerned a reasonable opportunity of being heard.
NOTES
When the scope of enquiry after remand was not restricted by the appellate
authority, it was cert ainly permissible by the Irrigation Of ficer to examine all
questions arising thereto : Orient Papers v . Tahasildar -cum- Irrigation
Officer : 87 (1999) CLT 108 (SC).
29 - A. Revision :- Any person aggrieved by an order passed by the Sub-
divisional Officer under sub-S. (1) or sub-S. (2) of S. 29 may file an application
in  the prescribed manner and within the prescribed period before the Collector
for revision of such order.]
30. Levy of water cess :– In addition to or in lieu of the water rates
payable under the provisions of this Act, the  S tate Government may, levy a
water cess at such rates and in such manner as shall be prescribed by the
State Government from time to time:
3[Provided that no water cess shall be levied in addition to the compulsory
basic water rate.]
1. Added by Or

Excerpt shown. Open the full act in Lexace.

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