Section 51(3) in The Orissa Irrigation Rules, 1961
(3)The [Sub-divisional Officer] [Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.] on receipt of the application under Sub-rule (2) may make or cause to be made a local enquiry to consider whether the extent of exemption applied for is justified. After making such enquiry he shall record his opinion and submit a report to the State Government for consideration. The State Government shall consider the same and may grant total or partial exemption from the compulsory basic water-rate and water-rates or refuse to grant any exemption according to the merit of the case. In case of grant of partial exemption the State Government may, under special circumstances stay the recovery of the balance to the next year :[Provided that where the State Government in exercise of powers conferred upon them under Sub-section (2) of Section 37 have delegated their power to the Sub-divisional Officer, the Sub-divisional Officer may dispose of the application for exemption himself without submitting his enquiry report to the State Government for consideration :Provided further that no order shall be made in exercise of powers so delegated without the prior approval of the Collector and the Commissioner having jurisdiction in case of exemption of water-rate or cess in individual case in excess of Rs. 500.00 up to Rs. 1,000.00 and above Rs. 1,000.00 respectively.] [Substituted vide Orissa Gazette Extraordinary No. 968 of 1988.]Chapter-VI Penalties
