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Section 28: Levy of water rates and compulsory basic water rates

The Odisha Irrigation Act, 1959.State Act of Odisha · Act 14 of 1959

The Irrigation Officer or such officer duly empowered by the State Government shall thereupon in the prescribed manner fix 2[the compulsory basic water rate and] the water-rate payable in respect of each such work in any district or in any specified area according to the classification and the rates as finally determined under S. 27:

Provided that levy of 3[compulsory basic water rate] shall not be made in respect of low lands which are ordinarily liable to the water logged, the particulars where of shall be, as may be prescribed:

Provided further that such levy with respect to low lands which do not ordinarily require irrigation except in years of drought shall be at such concessional rate as may be prescribed :

Provided also that such levy with respect to area where lift irrigation is allowed to be provided at the expense of the owners and occupiers shall be at such reduce rate as may be prescribed :

Provided further that in respect of lands which are already under irrigation from private sources, the 4[basic water-rate] to be levied shall be the difference between the 3[compulsory basic water-rate] of the irrigation work which is provided and the estimated rate for the existing source of irrigation.

Explanation :– The said estimated rate shall be, as may be determined in the prescribed manner.

1. Substituted by Orissa Act, 24 of 1962.

2. Inserted by Orissa Act, 21 of 1974.

3. Substituted by ibid.

4. Omitted by Orissa Act, 10 of 1968.

17 1[ 28-A. Re- assessment of water rate after consolidation of holdings :– (1) After closure of consolidation operations carried on in any area under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (Orissa Act 21 of 1972), the officer empowered in that behalf by the Sate Government shall re-assess the water rate of compulsory basic water rate, as the case may be, in respect of lands situate in the said area.

(2) In re-assessing the rates as aforesaid, the officer shall, as far as may be, follow the procedure prescribed for fixation of the rates under S.28.

28-B. Review :– An order passed under S. 28 or S. 28-A may, after giving notice to all persons concerned, be reviewed within the prescribed period by the officer who passed the order or by his successor in office either on his own motion or on an application made by an aggrieved person, on the ground of any clerical mistake or error in the course of proceedings under the said section.]

Where this provision sits

ActThe Odisha Irrigation Act, 1959.
Section28
Marginal noteLevy of water rates and compulsory basic water rates
JurisdictionState of Odisha
StatusIn force as published by the source

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