Orissa Irrigation Act, 1959

*Orissa Irrigation Act, 1959

Preamble

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 1[and to provide for the Regulation of use of water from Government source]

Whereas it is 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; 1[and to provide for the 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:

Footnotes:

* Published vide Orissa Gazette Ext/22.10.1959-O.A. No. 14 of 1959.

For Statement of Objects and Reasons see Orissa Gazette Ext. No. 486/4.12.1957 and for Report of Select Committee see ibid No. 614/13-12-1958.

  1. Added vide Orissa Gazette Ext. No. 133/2.2.1994-Notfn. No. 1769-Legis/ 2.2.1994-O.A. No. 3 of 1994.

    Chapter: I - Preliminary

    Section 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.

    Section 2 - Application

    Section 1 shall come into force at once. The State Government may, by notification in the Official Gazette, apply1 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.

    Footnote:

  2. Sections 2 to 56 came into force with effect from 1st June, 1991 in the whole of the State of Orissa except the area where water rates and cesses 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 Notfn.No, 24431/24.5.1961, published vide Orissa Gazette Ext.No. 362/ 25.5.1961; No. 35904/30.5.1963; No.35096/30.5.1963; and No. 35098/30.5.1963 published vide Orissa Gazette Ext. No.378/30.5.1963.

    Section 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 Section 2, such of the Acts specified in the Schedule and the rules and orders made thereunder as were 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 areas 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, offence 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 had not come into force.

    Section 4 - Definitions

    In this Act, unless there is anything repugnant in the subject or context-

    (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);

    (4) Compulsory basic water-rate- "compulsory basic water-rate" means a flat water-rate per acre of land within the culturable commanded area of an irrigation work payable to the State Government for supply of water, whether used or riot, from an irrigation work for irrigation of staple cereal crop generally grown in such area;

    Explanation- For the purpose of this clause, 'land within culturable commanded area' shall not include any land which does not, except under circumstances specified in Section 22, actually get water from an irrigation work.

    (5) Culturable commanded area- "culturable commanded area" means all lands under irrigable command of an irrigation work which 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, embankments, 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 subsoil water or water in a state of running such as rivers, nalas, springs, streams 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;

    (9) Irrigation work- "irrigation work" includes-

    (a) all reservoirs, tanks, anicuts, dams, weirs, canals, barrages, channels, pipes, wells, tube-wells and artesian wells constructed, maintained or controlled wholly or mainly by the State 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 or storage of water;

    (b) all works, embankments, structures, supply and escape channels connected with such reservoirs, tanks, anicuts, dams, weirs, canals', barrages, channels, pipes, wells, tube-wells and artesian 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 artesian wells;

    (c) all water courses and drainage works as herein defined;

    (d) all lands occupied by the Government for the purpose of such reservoirs, tanks, anicuts, dams, weirs, canals, barrages channels, pipes, wells, tube-wells and artesian welts and all buildings, machinery, fences, gates and other structures, occupied by or belonging to the State Government upon such lands;

    (10) Lands under Irrigable command - "lands under irrigable command" means, such lands asare 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;

    (10-a) minor irrigation work - "minor irrigation work" means, an irrigation work having a culturable command area of not more than two thousand hectares;

    (11) Occupier- "occupier" includes an occupier of land or property who cultivates or possesses the same for the time being;

    (12) Outlet - "outlet" includes an opening, constructed by the State Government in an irrigation work through which, water is delivered into a water course or 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 attach jointly and severally to every person having such joint interest in the ownership;

    (14) Prescribed - "prescribed" means prescribed by rules made under this Act;

    (14-a)Rabi crop - "Rabi crop" means, any crop notified as such by the State Government and different crops may be notified in respect of different areas;

    (14-b)Staple cereal crop- "staple cereal crop" means, any crop notified as such by the State Government and different crops 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 payable to Government for the supply of water for any crop, other than staple cereal crop, whether the water is used or not.

    Explanation - When water-rate is charged for irrigation, it shall be with reference to a single crop per acre of land.

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