ORZSSA ACT 10 OF 1961 I[ THE -ORISSA HYDRO-ELECTRIC PROJECTS AND FLOOD CONTROL WORKS (SURVEY).
ACT, 1961 ] [ Receivedtke assent of the Governor on fhe 28th September 1961, first pblished 'in an ..
extraordinary - issue of the Orissa Gazette, dated the 6th October 1961 ] AN ACT TO PROVIDE FOR SURYEY AND INVESTI- GATION OF SUITABILITY OF LANDS NEEDED FOR ESTABLISHMENT OF HYDRO-ELECTRIC PROJECTS .
A m FLOOD CONTROL WORKS 1N THE STATE OF 'ORISSA AND . OTHER MATTERS ANCILLARY THERETO Be it enacted by the Legislature of the State of Orissa in the Twelfth Year of the Republic of India, as follows:-
1. ( I ) This Act may be called the Orissa Hydro- Sbort t ~ t ~ c Electric Projects and Flood Control Works' (Survey) and Act, 1961.
(2) It shall extend to the whole of the State of.
Orissa, .2. In this Act udess the context otherwise Definitions requires- {a) "Chief Engineer" means the Chief Engineer or Additional Chief Engineer in charge of irrigation or flood control, scheme or in charge of hydro-electric project ;
(b) "flood control work" inc1u;des all works and constructions undertaken for the purpose ' of cbntrolling floods;
(c) "hydro-electric project" means a scheme in which water is regulated and utilised for the production of electricity ;
(4 "p~.escribed" means prescribed by rules made byithe State Government under this ' Act.
I . For the S t a b e n t of Objects and Reasons see Orissu Ca:eric, Extraordinary, dated the 25th August, 1961 ( No. 607).
-354 Tm- ORISSA HYDRO-ELECTRIC PROJECTS AND [Or. Act 181 POWU 10 33 (1) Whenever it appears to the State Governtake IW~Y. up rnent that for the purpose of any hydro-electric project or flood control work it is necessary to carry on survey and preliminary investigation in respect of lands in any locality to ascertain the suitability of sbch land for the said purpose, a notification specifying- the locality in which such survey and investigation proceedings are to be carried on shall be published by the' State Government in the Gazette and the Chief . Engi~eer shalI cause public notice of the substance of such notzcation to be given at convenient places in the said locality. ,
(2) Thereupon the Chief Engineer may authorise any oficer subordinate to him and not below the rank of an overseer to carry on such survey and investigation proceedings in respect of any such land excluding the land over which a building stands.
(3) It shall be lawful for such officer and his aervants and workmen to-
(a) enter upon and survey and take levels of any such land;
(b) make any survey mark and to fix reference marks by drilling pegs, fixing stones or by constructing masonry piIlars of the size:
of about two feet by two feet up to ,a maximum height of five feet;
(c) dig trial pits of the size of about three feet by three feet up to a maximum depth of ten feet ;
(4 bore into the sub-soil;
(e) do .all other acts necessary to ascertain the suitability of the land for the said purpose;
and
(f) where otherwise such proceedings cannot . be completed, cat down and clear away any part or the whole of any standing crop, fence or jungle:
Provided that if such officer proposes to enter into any -enclosed murtyard or garden attached to a dwelling, house he shall give the occupier of such building a notice of at feast twenty-four hours of his intention to do so.
(Sew. 4-6)
4. The oficcr who has entered upon any land papent of cornpen- under section 3 shall, before leaving, tender co mpensatinn to the owner or occupier of such land for any damage which may have been caused by any proceedings under the said section and in case of dispute as to the sufficiency of the amount so tendered, he shall refer the matter to the Collector for his decision.
Such decision shaIl be final and no suit shall lie in a civil court to have it set aside or modified.
5, (1) Whenever the St ate Government- propose Publication to execute any hydro-electric project or any flood of control work they shall, after completion of the survey scheme and objections and investigation as may be necessary for the puqmse thereto.
in accordance with the provisions of section 3, publish in the prescribed manner the description of the said project or work indicating the situation thereof and the area Likely to be benefited or adversely affected thereby along with any further particulars as may be prescribed and call for objections or suggestions from persons interested t o b e filed before the prescribed authority withiu a time to be specified in such publication,
(2) Every such objection or suggestion shall be heard and considered by the said authority in the prescribed manner, who shall after the dose of the enquiry, submit the entire record of the proceedings along with his report and recommendations to the State Govern~nent for their decision which shall be find:
I[ Provided that nothing in this section shall apply to any work undertaken for the purpose of maintenance, repair, raising or strengthening of any flood control work. ]
6. Whoever obstructs any person in the course ~ B C ~ C C S ~f carrying- on any proceedings under section 3 shdl bi! deemed to have committed an offence under section 45 of 1860 186 of the ti Indian Penal Code.
1. Xnscrlcd by the Orissa Hydro-Ektric Pfojccts and Rood control works (Survey) Amdndmrnt Act. 1962 {Or. Act I0 of 19621 1.2.
356 1333- H Y D W - & ~ C PROJECTS AND FLOOD [Or. Act m. - CONTROL WORKS (SURVEY) ACT, 1961 of 1961 / Powor lo
7. The State #Government may make rules* for makcdlts. the purpose of carrying out the provisions of this Act.
power to
8. If any difficulty arises in giving effect to the , ,,,, provisions of this Act, the State Government may, as dificultks. the occasion may require, do any thing which appears to them necessary for the purpose of removing the dificulty.
*For m b wder. se&n 7, me Notification NO. 21063-T+170j61-1 rtdate& the 25th June 1962, bl~shcd in 0tis.r-1 Gaxetre, Exttnordlnary, dated the 3rd July 1962 (No. 33%