23A. [ [Inserted vide Orissa Gazette Extraordinary No.1149/26.9.1994-SRO No. 827/94/26.9.1994.]
(1)When an industrial Organisation, commercial establishment propose to draw or lift water from a Government water course-(a)the [Executive Engineer] may earmark the bed and off-shore lands of the said water source free from encumbrances and set it apart for the purpose;](b)[ the Executive Engineer shall order installation of a Flow Meter or a suitable measuring device within the period as stipulated by him not being less than thirty days from the date of such order at the cost of the concerned industrial/commercial establishment to measure the quantum of water to be drawn from the water source and the Flow Meter/measuring device shall be installed under the direct supervision of the Executive Engineer or under the supervision of an Engineer not below the rank of an Assistant Engineer to be specifically nominated by him, failing which the water-supply shall not be made or shall be discontinued by him after giving seven days' notice;] [Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.](c)the flow meter will be certified and checked about its accuracy from time to time by the Weights and Measures Organisation of the State Government to ensure proper collection of fee;(d)the Industrial Commercial establishments shall be responsible for smooth maintenance and up-keeping of the flow meter system under the general supervision of the [Executive Engineer] [Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.].(2)The [Executive Engineer] [Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.] shall be the competent authority to grant licence under the provisions of the Orissa Irrigation (Amendment) Act, 1993 to industrial or commercial or other establishment on application in the following manner, namely :(a)The application shall be filed by the industrial or commercial establishment before the [Executive Engineer] [Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.] for drawing and lifting of water from Government water source in Form 'S';(b)The application shall be submitted before the [Executive Engineer] [Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.] at least two months before the date from which supply of water is applied for. If the application is received less than two months before the date of supply of water and the [Executive Engineer] [Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.] is satisfied about the reasons for delay, he may also accept such application by condoning the delay;(c)The application shall be submitted personally or sent by registered post. Printed application forms will be supplied to intending applicants on payment of Re. 0.50 paise at the Tahasil Office;(d)On receipt of the application, the [Executive Engineer] [Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.] shall make or cause to be made such summary inquiry as he considers necessary. The report of inquiry shall as far as practicable be recorded in Form S-1;(e)The [Executive Engineer] [Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.] may by order allow the application or refuse to sanction supply of water from such Government source if such supply of water in his opinion would be detrimental to the environment of the locality or would affect the riparian rights of the villagers or if it is in any way detrimental to the people and agriculture at large. Application may be allowed with such conditions or restrictions may be stated in the said order;(f)The order shall be communicated in writing to the applicant. Where the application is allowed the applicant shall be asked to execute an agreement in Form 'T' within the date specified in the said order. The agreement shall be binding on both the licensing authority and the licensee and same shall be executed at the cost of the licensee. Drawing and lifting of water from Government water source shall be made only after execution of the agreement;(g)Licence fees shall be charged and collected at the rates per unit or quantity of water drawn or lifted as specified in Form 'U'. The State Government may, in the public interest, by notification in the Official Gazette, revise such rate of fees as and when considered appropriate;(h)The State Government may grant concession as considered necessary, to the industrial or commercial establishments as per the Industrial Policy Resolutions from the payment of licence fees;(i)The [Executive Engineer] [Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.] shall assess the fees to be charged as per unit/quantity of water drawn or lifted and accordingly issue demand notice within the first week of every month in Form. 'U'. The assessee shall make payment within the said month and on default monthly compound interest @ 2 % shall be charged.(3)Any industrial or commercial establishment using, diverting collecting or consuming water from Government water sources prior to the commencement of the Orissa Irrigation (Amendment) Act, 1993 shall be treated as a licensee under the said Act and shall be liable to pay the licence fees specified in these rules for a period of three months from the date of commencement of the said Act within which time such industrial or commercial establishment shall have to file an application in Form 'S' and obtain a fresh licence.(4)When a parson is reasonably suspected of having committed an offence by unauthorised use of water from a Government water source punishable under the Act, the [Executive Engineer] [Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.] may, after making an inquiry forward the case to the Court of the competent jurisdiction.(5)(a)The State Government may in any case or class of cases grant total or partial exemption from payment of licence fee for any specified period in the interest of industrial or commercial developments in the State.(b)An application for total or partial exemption of licence fees shall be made to the [Executive Engineer] [Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.] having jurisdiction.(c)[ The Executive Engineer on receipt of the application, may after making such inquiry as he considers necessary, furnish a report containing justification for exemption or the extent of such exemption, if any, alongwith the application to the concerned Chief Engineer, Water Resources Department and the Chief Engineer after recording his opinion on the application shall forward the same to the State Government for taking final decision in the matter.] [Substituted vide O.G.E.No. 1423 Notification No. 51010-IIIW-Legislative 39/99,- R, dated 29.9.1999.]
