The Odisha Irrigation Act, 1959.
odisha · 1959
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Section defines "Irrigation work" and "lands under irrigable command" for the Odisha Irrigation Act, 1959.
- S. 2Insert vide Orissa Gazette Ext
- S. 3Inserted by Orissa Act, 21 of 1974
- S. 4Words "to be notified by the State Govt, in this behalf and generally grown in the area omitted by Orissa Act, 24 of 196
- S. 5Power to enter and survey, etc
- S. 6Section 6 allows irrigation officers to enter and repair adjacent lands to prevent irrigation accidents, with compensation to landowners.
- S. 7Section 7 empowers the State Government to prohibit or order removal of obstructions that harm land, public health, or convenience in irrigation works.
- S. 8Section 8 authorizes the Collector or an authorized Irrigation Officer to order obstruction removal and recover costs as land revenue.
- S. 9Section 9 mandates the State Government to provide canal crossings and investigate complaints about their absence.
- S. 10Section 10 allows irrigation officers to compel nearby landowners and laborers to work on urgent irrigation repairs to prevent damage.
- S. 11Section 11 mandates beneficiaries to construct water-courses for irrigation at their own expense.
- S. 12Section 12 allows landowners to apply for water-course construction or improvements, with the Irrigation Officer's approval or government execution, and provides appeal rights.
- S. 13Section 13 prohibits altering water-courses without the Irrigation Officer's consent.
- S. 14Section 14 mandates landowners receiving water from a watercourse to maintain it and allow its use for irrigation and construction of necessary works.
- S. 15Section 15 mandates the Irrigation Officer to enforce water supply obligations and recover expenses from defaulting landowners.
- S. 16Section 16 resolves disputes over water-course rights and maintenance expenses through an Irrigation Officer's inquiry and Collector's appeal.
- S. 17Section 17 prohibits using land acquired for a water-course for any other purpose without written consent from the Collector.
- S. 18Section 18 allows the Odisha Government to construct irrigation water-courses and recover costs from landowners, except protected tenants.
- S. 19Section 19 allows recovery of past irrigation expenses from landowners benefiting from water-courses, except tenants protected under a specific act.
- S. 20Section 20 regulates water supply from irrigation works and requires licenses for industrial water use from government sources.
- S. 21Section 21 outlines the process for applying and obtaining water supply from irrigation works, with specific provisions for non-irrigation uses.
- S. 22Section 22 allows stopping water supply under specific conditions like maintenance issues, rotation, misuse prevention, or pending changes.
- S. 23Section 23 allows water supply for irrigation to continue only until the crops reach maturity.
- S. 24Section 24 allows water supply rights to transfer with property but requires permission for other water use transfers.
- S. 25Section 25 of the Odisha Irrigation Act, 1959, limits claims against the State Government for water supply failures to remission of water rates.
- S. 26Section 26 mandates owners and occupiers to allow free water passage for irrigation, with penalties for refusal.
- S. 27Section classifies state-owned irrigation works into classes based on construction cost, water supply, and rates set by the government.
- S. 28Section 28 sets rules for fixing water rates for irrigation works, with special provisions for low lands and private irrigation sources.
- S. 30The Odisha Irrigation Act, 1959 allows the State Government to levy a water cess instead of water rates, but not both.
- S. 31Section 31 prohibits unauthorized use of water from irrigation works, deeming it illegal if done against the Act or rules.
- S. 32Section 32 of the Odisha Irrigation Act, 1959, holds land occupiers benefiting from unauthorized water use liable for charges.
- S. 33Section 33 mandates the State Government to set payment dates for water charges and stipulates 6% annual interest on overdue charges.
- S. 34Section 34 makes irrigation charges a lien on the land and crops benefiting from irrigation.
- S. 35Section 35 outlines the liability for irrigation charges, specifying that they are recoverable from owners and occupiers in prescribed proportions.
- S. 36Section 36 provides for rebates in water rates for local contributors to irrigation work construction.
- S. 37Section 37 allows the Odisha state government to exempt water rates and delegate this power to Sub-divisional Officers, subject to Collector or Commissioner approval for higher amounts.
- S. 38Section defines "water-rate" for penalties related to irrigation water usage in Odisha Irrigation Act, 1959.
- S. 39For damaging irrigation work etc
- S. 40Section penalizes unauthorized interference with irrigation works, including damaging sluices or obstructing river currents.
- S. 41Section 41 mandates removal of obstructions or repair of damages by convicted persons, with costs recovered as land revenue if not done.
- S. 42Section 42 allows canal workers to detain individuals obstructing or damaging irrigation works for legal action.
- S. 43Section 43 allows prosecution under other laws for acts punishable under this Act, but not more than once for the same act.
- S. 44Section 44 allows courts to award fines as rewards to informants who helped detect or convict offenders under the Odisha Irrigation Act, 1959.
- S. 45Section 45 allows an Irrigation Officer to accept a fine up to ₹200 to discharge an offender without further prosecution.
- S. 46Section 46 empowers the State Government to appoint officers and inspect irrigation works for maintenance.
- S. 47Section 47 allows appeals against certain irrigation orders to the Collector or Commissioner within 30 days.
- S. 48Section 48 allows the Board of Revenue or Commissioner to review and revise decisions made by subordinate officers under the Odisha Irrigation Act.
- S. 49Section 49 makes all offenses under the Odisha Irrigation Act, 1959, cognizable by police.
- S. 50Section 50 grants officers conducting irrigation inquiries powers to summon, examine witnesses, and produce documents like a civil court.
- S. 51Section 51 specifies that notices under the Odisha Irrigation Act must be served following the Code of Civil Procedure, 1908.
- S. 52Section 52 bars civil courts from hearing any suits related to the Odisha Irrigation Act except as specified in Sections 16 and 35.
- S. 53Section 53 empowers the State Government to create rules to implement the Odisha Irrigation Act, subject to legislative review.
- S. 54Section 54 allows the State Government to revise land rights by changing irrigation sources or separating irrigation charges from rent.
- S. 55Section 55 protects public servants acting in good faith and limits suit or prosecution to six months.
- S. 56Section 56 grants the State Government power to address and remove any difficulties arising in implementing the Odisha Irrigation Act, 1959.
- S. 19613 Notification No