Bare Acts Live

The Orissa Irrigation Rules, 1961

or434

Chapter-I

General

(a) "Act" means the Orissa Irrigation Act, 1959;

(b) "Block" means the whole area of certain specified land served by an outlet or outlets from an irrigation work which may be mapped out in convenient size in accordance with the features of the ground, natural or artificial;

(bb) "Block Development Officer" means a Block Development Officer appointed by the State Government under Section 15-A of the Orissa Panchayat Samiti and Zilla Parishad Act, 1959;

(c) "canal" includes main canals, branch canals, distributaries and minors;

[(d) "commercial establishment" means as defined in the Commercial Establishment Act, 1952;

[(dd) "Executive Engineer" means Executive Engineer of the Water Resources Department, of Government of Orissa, having territorial jurisdiction over the Government water source; and]

(e) "fee" means a charge levied for supply of water from Government water source for industrial and commercial purposes and, other uses from a Government water source;

(f) "Form" means a Form appended to these rules;

(g) "licence" means a permission granted by a competent authority for use of water from a Government water source;

(h) "section" means a section of the Act;

[(i) "Water Users' Association" means farmers' bodies/users of water from irrigation were registered under the Societies Registration Act, 1960 and duly recognised by the Irrigation Officer/Executive Engineer under whose territorial jurisdiction it is located and with whom the Irrigation Officer, Executive Engineer enters in to an agreement;]

(j) all words and expressions used in these rules but not defined herein shall have the same meaning as are respectively assigned to them in the Act.]

Chapter-II

Construction and maintenance of irrigation works

(i) on the notice boards of the office of Collector, Sub-divisional Officer, Panchayat Samiti, Grama Panchayat within the limits of which any land likely to be benefited or affected by the proposed work is situated ;

(ii) at a conspicuous place in every village in which any land likely to be benefited or affected by the proposed work, is situated in presence of not less than two witnesses whose signatures or thumb impressions shall be obtained on a copy of the notice to be filed in the Collector's records.

(b) Objections or suggestions, referred to in Sub-rule (a) shall be filed before the Collector.

(i) on the notice board of the office of Sub-divisional Officer, Panchayat Samiti and Grama Panchayat within the limits of which any land likely to be benefited or affected by the proposed work is situated; and

(ii) at a conspicuous place in every village in which the land likely to be benefited or affected by the proposed work is situated in the presence of not less than two witnesses whose signatures or thumb impressions shall be obtained on a copy of the notice to be filed in the Block Development officer's record.

(a) if the work and the lands likely to be benefited or affected by it are situated within the jurisdiction of one Panchayat Samiti and its estimated cost is more than Rs. 2,500 but less than Rs. 25,000, the Chairman of the Panchayat Samiti ;

(b) in all other cases where the estimated cost of the work is more than Rs. 25,000 but less than Rs. 50,000, the Collector of the district;

(c) if the estimated cost of the work is Rs. 50,000 or more but less than Rs. 1 lakh, the Revenue Divisional Commissioner; and

(d) in all other cases, the Government..

Chapter-III

Construction and maintenance of water-courses

(1) The authority competent to sanction the irrigation work shall sanction the construction of the water-courses.

(2) Before sanctioning the construction of water-courses the competent authority shall cause to be published in the office of the Grama Panchayat under whose jurisdiction the land is situated and in a conspicuous place of every village in which the lands to be benefited or affected by the execution of the proposed water-course lie, the description of the proposed work the lands over which it will pass and the approximate cost of the work and invite objections, if any.

(3) Objections, if any, to the proposed construction shall be received by the authority competent to sanction the construction within 30 days from the date of publication of the description of the proposed work in the village.

(4) The competent authority shall on the date fixed for hearing of the objections or on any subsequent date to which the hearing may be adjourned, hold or cause to be held such summary enquiry as he thinks fit, after giving the notice to the persons concerned and shall decide about the construction of the water-course and issue directions to the persons to be benefited to construct the water-course by a date to be specified by him which shall not be less than one month from the date of the order.

(5) If the water-course is not constructed within the specified period the competent authority shall take suitable action under the provisions of Section 18 of the Act.

Chapter-IV

Supply of water

(a) the [Executive Engineer] may earmark the bed and off-shore lands of the said water source free from encumbrances and set it apart for the purpose;]

[(b) the Executive Engineer shall order installation of a Flow Meter or a suitable measuring device within the period as stipulated by him not being less than thirty days from the date of such order at the cost of the concerned industrial/commercial establishment to measure the quantum of water to be drawn from the water source and the Flow Meter/measuring device shall be installed under the direct supervision of the Executive Engineer or under the supervision of an Engineer not below the rank of an Assistant Engineer to be specifically nominated by him, failing which the water-supply shall not be made or shall be discontinued by him after giving seven days' notice;]

(c) the flow meter will be certified and checked about its accuracy from time to time by the Weights and Measures Organisation of the State Government to ensure proper collection of fee;

(d) the Industrial Commercial establishments shall be responsible for smooth maintenance and up-keeping of the flow meter system under the general supervision of the [Executive Engineer].

(a) The application shall be filed by the industrial or commercial establishment before the [Executive Engineer] for drawing and lifting of water from Government water source in Form 'S';

(b) The application shall be submitted before the [Executive Engineer] at least two months before the date from which supply of water is applied for. If the application is received less than two months before the date of supply of water and the [Executive Engineer] is satisfied about the reasons for delay, he may also accept such application by condoning the delay;

(c) The application shall be submitted personally or sent by registered post. Printed application forms will be supplied to intending applicants on payment of Re. 0.50 paise at the Tahasil Office;

(d) On receipt of the application, the [Executive Engineer] shall make or cause to be made such summary inquiry as he considers necessary. The report of inquiry shall as far as practicable be recorded in Form S-1;

(e) The [Executive Engineer] may by order allow the application or refuse to sanction supply of water from such Government source if such supply of water in his opinion would be detrimental to the environment of the locality or would affect the riparian rights of the villagers or if it is in any way detrimental to the people and agriculture at large. Application may be allowed with such conditions or restrictions may be stated in the said order;

(f) The order shall be communicated in writing to the applicant. Where the application is allowed the applicant shall be asked to execute an agreement in Form 'T' within the date specified in the said order. The agreement shall be binding on both the licensing authority and the licensee and same shall be executed at the cost of the licensee. Drawing and lifting of water from Government water source shall be made only after execution of the agreement;

(g) Licence fees shall be charged and collected at the rates per unit or quantity of water drawn or lifted as specified in Form 'U'. The State Government may, in the public interest, by notification in the Official Gazette, revise such rate of fees as and when considered appropriate;

(h) The State Government may grant concession as considered necessary, to the industrial or commercial establishments as per the Industrial Policy Resolutions from the payment of licence fees;

(i) The [Executive Engineer] shall assess the fees to be charged as per unit/quantity of water drawn or lifted and accordingly issue demand notice within the first week of every month in Form. 'U'. The assessee shall make payment within the said month and on default monthly compound interest @ 2 % shall be charged.

(b) An application for total or partial exemption of licence fees shall be made to the [Executive Engineer] having jurisdiction.

[(c) The Executive Engineer on receipt of the application, may after making such inquiry as he considers necessary, furnish a report containing justification for exemption or the extent of such exemption, if any, alongwith the application to the concerned Chief Engineer, Water Resources Department and the Chief Engineer after recording his opinion on the application shall forward the same to the State Government for taking final decision in the matter.]

(a) the name of the main canal, distributary and the minor from which there is failure, stoppage or interruption of water supply;

(b) point of failure, stoppage or interruption;

(c) the details of the lands affected;

(d) date of occurrence;

(e) cause;

(f) extent of failure of crop estimated; and

(g) extent of remission claimed.

Chapter-V

Levy of water-rate

Chapter-VI

Penalties

Chapter-VII

Miscellaneous

(i) The number of works reported during the year to be in need of repairs;

(ii) The number of works in (i) above inspected by the Collector;

(iii) The number of works found on actual inspection by the Collector not to require repairs;

(iv) The number of works found to require repairs have been repaired; and

(v) Reason for not taking up or completing repairs of works requiring repairs.

Schedule

[Vide Rule 23]

Levy of water-rate for different classes of irrigation works and special rates for supply of water for purposes other than irrigation

A. Khariff water-rate

(a)	In the first year when water is let out in ayacut	Nil.
(b)	In the second year when water is let out in ayacut	50 per cent of the appropriate rate.
(c)	In the third year when water is let out	75 per cent of the appropriate rate.
(d)	In the fourth year and thereafter per year	100 per cent of the appropriate rate.

(a)	First year of enforcement of the provisions of the Orissa Irrigation Act, 1959	50 per cent of the appropriate rate or the rate already in force whichever is higher.
(b)	Second year of enforcement of the Act	75 per cent of the appropriate rate or the rate already in force whichever is higher
(c)	Third year of enforcement of the Act and thereafter per year	100 per cent of the appropriate rate.

B. Water-rates for crops other than the staple cereal crops

(a)	In the first year when water is let out in ayacut	Nil.
(b)	In the second year when water is let out in ayacut	50 per cent of the appropriate rate.
(c)	In the third year when water is let out	75 per cent of the appropriate rate.
(d)	In the forth year and thereafter	100 per cent of the appropriate per year rate.

(a)	First year of enforcement of provisions of the Orissa Irrigation Act, 1959	50 per cent of the appropriate rate or the rate already in force, whichever is higher.
(b)	Second year of enforcement of the Act	75 per cent of the appropriate rate or the rate already in force, whichever is higher.
(c)	Third year of enforcement of the Act and thereafter per year	100 per cent of the appropriate rate.

[C. Special rates for purposes other than irrigation

Form 'A'

[Vide Rule 4 of the Orissa Irrigation Rules, 1961]

(i) any person whose lands are likely to be affected by the proposed work or who is otherwise interested may present in writing any objection to or suggestion in respect of the proposed work in duplicate so as to reach the Collector on or before the..............20 (here specify the date which shall not be less than one month from the date of publication of this notification in the Gazette);

(ii) objections and suggestions received will be kept open for Inspection of the public in the office of the Collector for a period of fifteen days following the last date of receiving objections or suggestions mentioned above;

(iii) objections presented under (i) shall be heard at................................a.m.on the..............20............(this date should not be less than fifteen days after the expiration of the period mentioned in Clause (ii) at............(name of place or office).

Schedule

Description of the proposed work

(ii) Details of lands in respect of which better irrigation facilities will be provided............

(i) for lands to be newly irrigated;

(ii) for lands in respect of which better irrigation facilities will be provided. (The difference between the rate to be levied after improvement or extension is done and the existing rate).

(i) for lands to be newly irrigated;

(ii) for lands in respect of which better irrigation facilities will be provided. (The difference between the rate to be levied after improvement or extension is done and the existing rate).

By order of the Governor

Secretary to Government

Form 'AA'

[Vide Rule 4-A of the Orissa Irrigation Rules, 1961]

(i) any person whose lands are likely to be affected by the proposed work or who is otherwise interested may present in writing any objection to or suggestion in respect of the proposed work in duplicate so as to reach the Block Development Officer............on or before the.............20 (here specify the date which shall not be less than one week from the date of publication of this notice in the notice board);

(ii) objections and suggestions received will be kept open for inspection of the public in the office of the undersigned till their disposal by competent authority.

Schedule

Description of the proposed work

(i) lands to be newly irrigated..........

(ii) lands in respect of which better irrigation facilities will be provided.

(i) for lands to be newly irrigated............

(ii) for lands in respect of which better irrigation facilities will be provided.................

Block Development Officer

Form 'B'

Notification under Rule 6 of the Orissa irrigation Rules, 1961

Schedule

By order of the Governor

Secretary to Government

Form 'BB'

Decision under Rule 6-A of the Orissa Irrigation Rules, 1961

Schedule

Block Development Officer

Form 'C'

[Vide Rule 9 (2)]

Notice for construction of water-courses

(Seal)

Schedule

Form 'D'

[Vide Rule 11]

Application for construction/extension/improvement/alteration of a water-course

(b) If so, give details......

(c) Steps proposed to be taken to safeguard their interests............

(d) Whether the owners of the land affected are agreeable to the arrangement proposed to be made to safeguard their interests (written agreement should be filed alongwith the application)..........

Signature or thumb impression of applicant

Form 'E'

[Vide Rule 12]

Permission to construct/extend/improve/alter a water-course

Irrigation Officer

Form 'F'

[Vide Rule 13 (2) of the Orissa Irrigation Rules, 1961]

Schedule

Form 'G'

[Vide Rule 24 (2) of the Orissa Irrigation Rules, 1961]

Form of application for supply of water for......crop

Irrigation Officer

(To be filled in by the Enquiring Officer)

Enquiring Officer

Order of Irrigation Officer

Irrigation Officer

Irrigation Officer

Form 'H'

[Vide Rule 25 (3) of the Orissa Irrigation Rules, 1961]

Permit for supply of water............crop

Irrigation Officer

Irrigation Officer

Form 'I'

[Vide Rule 25 (3) of the Orissa Irrigation Rules, 1961]

Intimation to the applicant when the application for the...........rejected

Irrigation Officer

Form 'J'

[Vide Rule 26 of the Orissa irrigation Rules, 1961]

Application for supply of water to be used for purposes other than those of irrigation

(1) Can the supply be made without affecting the supply of water for the irrigation of the crops according to approved crop pattern.

(2) Can the source be filled in from the outlets specified.

(3) If not, from what outlet should be supply be made.

Form 'K'

[Vide Rule 27 (2) of the Orissa Irrigation Rules, 1961]

Agreement for the supply of water for purposes other than irrigation

Schedule

(a) The applicant shall pay Rs at the rate of Rs per on or before to ;

(b) The applicant shall make suitable arrangement to take the water from the point at which it will be supplied

[(b-1) The applicant shall make his own arrangement to instal the water metre. Assessment of water-rate will be made normally according to metre reading. In the event of the metre going out of order, the applicant shall notify the fact to the Irrigation Officer and take steps for repair or replacement of the metre, failing which the water supply will be discontinued. Assessment of water-rate during the period of non-functioning of the metre shall be on the basis of average consumption of water made during three immediate preceding quarters when the metre was functioning normally or, where the metre has functioned for less than three quarters, on the basis of average consumption during the preceding quarter or quarters, as the case may be;]

(c) The applicant shall not use the water supplied to him for any purpose other than that which is covered by this agreement;

Form 'L'

[Vide Rule 32 (2) of the Orissa Irrigation Rules, 1961]

Agreement for the supply of water for the purpose of selling and subletting

Schedule

(a) The applicant shall pay Rs.............at the rate of Rs.........per..........on or before..........to.........

(b) The applicant shall make suitable arrangement to take the water from the point at which it will be supplied.

(c) The applicant shall not use the water supplied to him for any purpose other than that which is covered by this agreement.

Form 'M'

[See Rule 45(2)]

Preliminary assessment roll of the compulsory basic water-rate under Section 28 of the Orissa Irrigation Act, 1959

*Strike out what is unnecessary.

Form 'N'

[See Rule 45 (3)]

Notice of preliminary assessment under Section 28 of the Orissa Irrigation Act, 1959

Schedule

*Strike out what is unnecessary.

Signature of Irrigation Officer

Form 'O'

[See Rule 45 (6)]

Notice of demand under Sub-rule (6) of Rule 45 of the Orissa Irrigation Rules, 1961

Office of.......................................

Signature....
Designation of the Officer
issuing the notice of demand

*. Strike out what is unnecessary.

Form 'P'

[Vide Rule 54 of the Orissa Irrigation Rules, 1961]

Notice

Irrigation Officer

Form 'Q'

[Vide Rule 56 (2) of the Orissa Irrigation Rules, 1961]

List of irrigation works

Form 'R'

[Vide Rule 56 (3) of the Orissa Irrigation Rules, 1961]

Permanent ledger of irrigation works

By order of the Governor
Secretary to Government

Form 'S'

[See Sub-rules (2) (a) and (3) of Rule 23-A]

Application for drawing/lifting of water from Government water source to be used for industrial/commercial purposes

Undertaking

Signature/Thumb Impression
of the applicant

Form S-1

[See Rule 23-A (2) (d)]

Report of the Enquiring Officer

Signature of the Enquiring Officer

Form 'T'

[See Rule 23-A (2) (f)]

Agreement

Schedule

(a) The applicant shall pay Rs..........at the rate of Rs.........per.........on or before........to........;

(b) The applicant shall make suitable arrangement to take the water from the Government water source at which it will be supplied;

(c) The applicant shall not use the water supplied to him for any purpose other than that which is specified in the Schedule.

(ii) The applicant shall not without prior permission in writing from the Government lay pipe line on Government or communal lands. If the pipe lines have to pass through Government lands permission of the Government for this shall be taken separately which may be granted subject to the protection of rights of Government or community, as the case may be.

(iii) The applicant shall not draw or lift water more than the quantity mentioned in the requisition or order and not exceeding the volume mentioned in the Schedule except with the prior approval of the Government.

(iv) The permission granted shall not be deemed to exempt the applicant from liability to payment of water charges lawfully assessable.

(v) Government reserves the right to suspend or cancel the permission in case of violation of any of the conditions.

Form 'U'

[See Rule 23-A (2) (i)]

Proposed rate of licence fee for industrial/commercial use of water from Government water sources

Form 'V'

[See Rule 23-A (2) (i)]

Notice of demand

(Name of the industrial/
commercial establishment)

Schedule

[Form 'W']