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State of Odisha - Section

Section 32 in The Orissa Irrigation Act, 1959

32. Liability of occupiers of lands benefiting from unauthorised use of water.

(1)If water is used in an unauthorised manner and if the person by Whose art 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 through 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 wastages 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.