Amendment status not verified — confirm the current text below against the official source.
Inserted by Orissa Act, 21 of 1974. 4 area of an irrigation work payable to the State 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, 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 sub-oil water or water in a state 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;