(1) Whenever the State Government is of opinion that lands in any area in West Bengal within the limits of the Damodar Valley or within the area of operation of the Corporation are benefited or are likely to be benefited by irrigation during the kharif season or the rabi season by water supplied by the Corporation through canals, the State Government may, by The West Bengal Irrigation (Imposition of water rate 3 for Damodar Valley Corporation Water) Act, 1958.
1XXVI of 1958.)
(Section 5.)
notification, declare its intention to impose in such area a water rate, for the kharif season or the rabi season, at such rate not exceeding,—
(a) Rs.12.50 nP. per acre for the kharif season,
(b) Rs.15.00 nP. per acre for the rabi season, as may be specified in the notification.
(2) On the publication of a notification under sub-section
(1), any person interested in any land likely to be affected by the imposition of the water rate referred to in the notification may, within a period of one month from the date of publication of the notification, prefer objections to the State Government to the intended imposition of the water rate, or the rate at which the water rate is intended to be imposed or to the inclusion of such land in the area in respect of which the declaration has been made under sub-section (1).
(3) On the expiry of the period referred to in sub-section {2) for preferring objections, the State Government may, after considering the objections, if any, received by it during such period, by notification,—
(a) withdraw the declaration intending to impose a water rate, or
(b) impose a water rate, in the area in respect of which the declaration under sub-section (1) was made or in any part thereof (hereinafter referred to as the notified area), not exceeding the rate specified in the notification under sub-section (I):
Provided that such rate shall, in respect of any land for which water is obtained for irrigation by lift irrigation arrangement maintained and operated by the occupier thereof, be one-half of the rate specified in the notification.
West Ben. Act X of
1958.
5. Notwithstanding anything .to the contrary contained in Liability any other law for the time being in force or in any custom, for e Pay f - usage or contract, the liability for payment of the water rate Thetter shall be on the occupiers of the lands included in the notified rate. - area:
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 the land under whom the bargadar holds:
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.
Exemm tion.
4 The West Bengal Irrigation (Imposition of water rate for Damodar Valley Corporation Water) Act, 1958, [West Ben. Act:
(Sections 6-8.)
6. If for any reason there is, in any season, a total or partial failure of crops in any land in the notified area, the State Government may, grant total or partial exemption from the water rate to the owner or occupier of such land as the case may be.
Assess- 7. (1) As soon as possible after the notification under moot. sub-section (3) of section 4, imposing a water rate is published, the Collector shall make a preliminary assessment of the rate for the kharif season or for the rabi season in respect of all lands included in the notified area .and shall cause notices of such preliminaryassessment to be served on all persons liable to pay the water rate specifying therein the period within which objections to the assessment may be preferred.
(2) On the expiry of the period specified in the notice under sub-section (I), the Collector shall, after considering objections, if any, received by him during such period, make a final assessment of the rate for the kharif season or the rabi season which shall be payable annually so long as the notification under clause
(b) of sub-section (3) of section 4 remains in force.
The Collector shall cause a notice of demand to be served on every person by whom the water rate is payable according to such assessment requiring him to pay the water rate for the year mentioned in the notice of demand for the kharif season or the rabi season, as the case may be, by such date as may be specified in the notice of demand not being earlier than one month after the service of such notice:
Provided that such notice of demand shall, if it cannot be served for any reason within the year to which the demand relates, be served as soon thereafter as possible.
(3) Every person who makes payment of water rate by the specified date shall be entitled to a rebate of five per centum of the amount of the water rate.
(4) Subject to the provisions of section 8, if any amount of the water rate due from any person is not paid by the date specified in the notice of demand, interest at such rate not exceeding six and a quarter per cent. per annum as the State- Government may fix from time to time shall be payable thereon from the date of the default.
Appeal. $. Any person may, within thirty days from the date of service on him of a notice of demand under sub-section (2) of section 7, appeal to such appellate authority as may be prescribed by rules made under this Act either regarding his liability to pay the water rate or the amount assessed and thedecision of the appellate authority in such appeal shall be final_ The West Bengal Irrigation (Imposition of water rate for Damodar Valley Corporation Water) Act, 1958.
XXVI of 1958.]
(Sections 9, 10.)