133. Restriction on the imposition of the water and lighting taxes.
(1)The imposition of a water tax or of a lighting tax shall be subject to the following restrictions namely :(a)[ where the Municipality - [Substituted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.](i)distributes water by means of water-carts or other like agency or provides water-supply by means of wells, tanks or other reservoirs; or(ii)[ provides acetylene lamps or any other means of things,] the Municipality may impose water tax or lighting tax, as the case may be, under such conditions and limitations as may be prescribed;](b)that the tax shall not be imposed [* * *] [Omitted vide Orissa Act No. 12 of 1953.] on any holding, consisting only of tanks, or in the case of the water tax on any holding, no part of which is within a radius to be fixed by Municipality from the nearest stand pipe or other supply of water available to the public.(c)that the rate on the annual value of holdings at which the tax may be imposed shall not exceed ten per centum in the case of the water tax or five per centum in the case of the lighting tax;(d)that in fixing the rate, at which the tax is to be imposed, regard shall be had to the principles that the total net proceeds of the tax, together with the estimated income form payments for water or lighting as the case may be, supplied from the works under special contract or otherwise shall not exceed the amount required for making, extending or maintaining the water supply or lighting system as the case may be, together with an amount sufficient to meet the proportionate share of the cost of supervision and collection and the re-payment of land payment of interest on any loan incurred in connection with any such supply of system;(e)that the tax shall be leviable until a supply of water has been provided in the area to be supplied or until the lamps in the area to be lighted have been lighted, as the case may be, nor shall the tax be leviable for any quarter or portion of a quarter antecedent to the provision of such water supply and lighting.(f)[* * *] [Omitted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.](2)Nothing in this section shall prevent the Municipal Council from making any special arrangement consistent with this Act for a supply of water or electric current or gas to persons residing beyond the radius fixed by the Municipality.(3)With the sanction of the State Government, the amount of the water tax may vary with the distance of holdings from the nearest standpipe or other sources of water supply and the amount may be higher,, in the case of premises to which communication pipes are attached in the case of other premises.
