20A. [ Regulation and use of water from Government water source. [Inserted vide Orissa Gazette Extraordinary No.133/2.2.1994-Notification No. 1769-Legislative/ 2.2.1994-O.A. No. 3 of 1994.]
(1)The State Government may, in the public interest regulate the use, diversion, collection or consumption of water from Government water source for industrial and commercial purposes other than agriculture.(2)On and after commencement of the Orissa Irrigation (Amendment) Act, 1993, no person shall use, divert, collect or consume water from Government water source for any industry or commercial establishment except in accordance with a licence granted under this Act.(3)The licence referred to in Sub-section (1) shall be subject to such terms and conditions, and shall be obtained from such authority, in such manner, and subject to payment of such fees, as may be prescribed.(4)Notwithstanding anything contained in Sub-section (1) or in any subsisting contract, any person using, diverting, collecting or consuming water from Government water source for any industry or commercial establishment immediately before the commencement of the Orissa Irrigation (Amendment) Act, 1993 may continue to do so and shall be deemed to have been granted a licence under this Act-(i)for a period of three months from the date of such commencement; or(ii)if an application for the required licence is duly made in the prescribed manner to the appropriate authority within the period specified in Clause (i), till the disposal of such application.(5)Any person who uses, diverts, collects or consumes water from Government water source in contravention of the provisions of this section, shall on conviction, be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to twenty-five thousand rupees, or with both and where any such person after being convicted under this sub-section for the offence continues to commit the offence or commits it for the second or any subsequent time he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both.(6)(a)Where an offence under this Act has been committed by a Company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the Company for the conduct of the business of the Company, as well as the Company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.(b)Notwithstanding anything contained in Sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any Director, Manager, Secretary or other Officer of the company, such Director, Manager, Secretary or other Officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.(7)The rules that may be made for the purpose of this section may provide that the State Government may, in any case or class of cases, exempt in part or in full the payment of the required licence fee for any specified period in the interest of industrial and commercial developments in the State.Explanation. - For the purposes of this section-(a)"commercial establishment" shall have the same meaning as defined in the Orissa Shops and Commercial Establishment Act, 1956;(b)"Company" means a body corporate and includes a firm or other association of individuals;(c)"Director" in relation to a firm, means a partner in the firm; and(d)"industry" shall have the same meaning as defined in the Industrial Disputes Act, 1947.]
