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Section 32: Liability of occupiers of lands benefiting from unauthorised use of water

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

(1) If water is used in an unauthorised manner and if the person by whose act or neglect such use has occurred cannot be identified the occupiers of the lands on which such water has flowed, if such lands have received benefit therefrom, shall be liable to the charges made for such use.

(2) If water supplied through a water course for a specific purpose be suffered to run to waste, and if, after inquiry by the Irrigation Officer the person by whose act or neglect such water was suffered to run to waste cannot be discovered, the person or persons chargeable in respect of the water supplied for the purpose shall be individually or jointly liable as the case may be for the charges made in respect of water so wasted.

All question arising under this section shall be decided by the Irrigation Officer.

(3) The levy of rates for unauthorised use or for wastage shall not bar a prosecution for any offence connected with such use or wastage.

(4) The decision made by an Irrigation Officer under this section shall subject to any order passed by the Collector on appeal from such decision, if any, shall be final.

(5) Rules may be made under this Act regulating the procedure of Irrigation Officers in imposing liability for, and in assessing irrigation revenue payable under this section.

Where this provision sits

ActThe Odisha Irrigation Act, 1959.
Section32
Marginal noteLiability of occupiers of lands benefiting from unauthorised use of water
JurisdictionState of Odisha
StatusIn force as published by the source

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