Bare ActsThe ORISSA ANCHAL SASAN ACT, 1955

Section 231

Amendment status not verified — confirm the current text below against the official source.

(1) Every Grama Panchayat shall control the tocontrol exercise of rights of user and exploitation of forest produce from the village forests in areas within its tionsof the jurisdiction in accordance with the directions issued bei by the Anchal Sasan underthe foregoing section and take all action necessary to enforce the control. (2) Any member of the Grama Panchayat may arrest any person found cutting, destroying or damaging any forest contrary to the directions issued by the Anchal Sasan in this behalf, or the Grama Panchayats, as the case may be, and without unnecessary delay produce him or cause him to Be produced before the nearest Magistrate ‘who is authorised to take cognizance of the offence, (3) For the purpose of arresting an offender under sub-section (2) such memberof the Grama Panchayat may take the help of any other person and the person arrested may be sent to the Magistrate with an authority or through an escort authorised in this behalf by such memberin writing, 232, Where village forest or forests other than a reserve, protected or private forest in a village have been so denuded that they are no longer fulfilling the purpose ofa village forest, the Grama Panchayats concerned may, and if ordered by the Anchal Sasan, shall, arrange afforestation of “such forests with suitable trees and the cost of such afforestation may be recovered by the Grama Panchayat by levy of appropriate fees on each member of the Grama. Sa 233.(1) The State Government may by notification transfer any irrigation or drainage work in the Anchal constructed or maintained by the State Government to the Anchal Sasan and it shall be the duty ofthe Anchal Sasan to maintain in good repair all such irrigation or drainage works and it shall be competent to improve or add to such work, (2) The State Government may by a further notification resame any such irrigation or drainage work transferred to the Anchal Sasan under sub- section (1) but where an Anchal Sasan has improved or added to such works the State Government may pay reasonable compensation to the Anchal Seean for the improvement or addition estimated in the presoribed manner, sh Levy of water rate or drainage charge, 127 (3) The Anchal Sasan. shail be entitled to exploit fisheries and marginal lands of -the irrigation or drainage works so transferred to it and may appropriate any such usufruct but they shall not alienate any such lands -permanently or alienate such rights beyond the term of their management. 234.(1) Where the State Government were charging any water rate for irrigation from any irrigation work or levying a benefit charge for protection by a drainage work, transferred to the Anchal Gasan under the foregoing provisions, the Anchal Sasan may continue to levy such charges or may increase or.reduce the same. (2) Where the water-rate or benefit charge is not already being charged for such irrigation or drainage work, the Anchal Sasan may levy a water- rate or a benefit charge which may be a differential tate for supply of water from the irrigation work or protection by the drainage work. ‘The water-rate or the benefit charge referred to in sub-section qy may beleviable— {@) on land commanded bytheirrigation works or land benefited by the drainage work when the owneror occupier of such land applies for. irrigation or protection ; (6) compulsorily on all lands commanded by the irrigation works or benefited by the drainage works ; or (c)by the combination of the methods prescribed. (3) Where prior to the transfor of anyirri- gation or drainage work to the Anchal Sasan, any water -rate or benefit charge was included in the rent of the land or lands covered by such irrigation or drainage work, the Anchal Sasan shall, in assessing the water-rate leviable under this section, provide for suitable rebate for such inclusion. (4) Where a compulsory water-rate on the area commandedis levied and if in an area for failure of rains or for any other cause in one seagon sufficient water is not available for all the lands under the command, the Executive Committee may by an order in writing restrict the area of command for that season and the water shall be made available only in the restricted area and fortherest of the command the water-tate on the land shall be remitted ; | State to make rales. 128 Provided that where there is insufficiency of water no land outside the area of command may be given special permission for irrigation during that season : Provided further that if any part ofthe command excluded by the Executive Committee obtain water that is in excess no penalty may be levied but the remission of water-rate may if necessary be discontinued: Provided also that the Anchal Sasan shall not be liable for any other damages for failure to . supply water to lands excluded from the command by an order of the Executive Committes, (5) Where for any reason whatsoever full and sufficient water for the commandis not feasible’ from the irrigation source for any land during a season, the Executive Committee may on application by the party owning the land allow suitable remission of water-rate for the year. (6) Whenever any owner uses water from any irrigation source or work. without the previous permission of the Anchal Sasan or in contravention of the foregoing provisions the Anchal Sasan may levy such penalty as they may deem appropriate.

Section 231 – The ORISSA ANCHAL SASAN ACT, 1955 | DailyLaw.ai