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[Cites 0, Cited by 0] [Section 23A] [Entire Act]

State of Odisha - Subsection

Section 23A(2) in The Orissa Irrigation Rules, 1961

(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.