(1) On the publication of notification under section 4, any person interested in any land likely to be affected by the imposition of the water rate may, within a period of thirty days from the date of publication of the said notification, prefer objection to the State Government against the intended imposition of the water rate or the inclusion of such land in the area in respect of which the declaration has been made under section 4.
(2) On the expiry of the period referred to in sub-section (1), the State Government may, after considering the objections, if any, declare its intention either wholly to refrain from imposing the water rate or to impose the same in the area in respect of which the declaration under section 4 was made or in a specified part thereof, whereupon the said area or the specified part thereof shall be deemed and shall continue to be deemed for the purposes of this Act, to be a notified area for every kharif season, rabi season or summer season, as the case may be:
Provided that the State Government may, so far as may be in the manner hereinbefore provided, from time to time, include in or exclude from any notified area any area which was benefited or was not benefited, as the case may be, by water supplied from the irrigation work.
Act to override other laws.
Preliminary notification for imposition of water rate.
Notified area for imposition of water rate.
225 The West Bengal Irrigation (Imposition of water rate) Act, 1974.
[West Ben. Act Imposition of water rate.
Liability for payment of water rate.
Assessment of water rate.
(Chapter IL—Imposition and assessment of water rate.— Sections 6-8.)
6. In respect of any notified area, the State Government may issue a notification proposing to impose water rate at such rates not exceeding,—
(a) rupees thirty-two for an area of .4047 hectares for kharif season,
(b) rupees forty-eight for an area of .4047 hectares for rabi season,
(c) rupees one hundred and sixty for an area of .4047 hectares for summer season, as may be specified in the notification and the water rate so imposed shall remain effective until revised by the State Government by a similar notification issued under this section.
7. Notwithstanding anything to the contrary contained in any other law for the time being in force or in any custom, usage or contract, the liability for payment of water rate shall be on the occupiers of lands included in the notified area in which the water rate is imposed:
Provided that where any such land is cultivated by a bargadar as defined in clause (2) of section 2 of the West Bengal Land Reforms Act, 1955, the liability for payment of the water rate shall be on the owner of such land:
Provided further that when water rate is paid by the owner of any land cultivated by a bargadar, the owner shall be entitled to recover from the bargadar half of the amount paid by him as water rate.