West Bengal act 26 of 1958 : The West Bengal Irrigation ( Imposition Of Water Rate For Damodar Valley Corporation Water ) Act, 1958

GOVERNMENT OF WEST BENGAL

LAW DEPARTMENT

Legislative

West Bengal Act XXVI of 1958

THE WEST BENGAL IRRIGATION (IMPOSITION OF WATER RATE FOR DAMODAR VALLEY CORPORATION WATER) ACT, 1958.

[Passed by the West Bengal. Legislature.]

[Assent of the Governor was Bast published in the Calcutta Gazette, Extraordi- nary, of the 30th January, 1959.]

[30th January, 1959.]

An Act to provide jor the imposition of a water rate in areas in West Bengal where water supplied by the Damodar Valley Corporation is available for irrigation and certain matters ancillary thereto and connected therewith.

WHEREAS it is expedient to provide for the imposition of a water rate in areas in West Bengal where water supplied by the Damodar Valley Corporation is available for irrigation and certain matters ancillary thereto and connected therewith;

It is hereby enacted in the Ninth Year of the Republic of India, by the Legislature of West Bengal, as follows:-

1. (1) This Act may be called the West Bengal Irrigation Short {Imposition of water rate for Damodar Valley Corporation title, Water) Act, 1958. rraiienace-

(2) It shall come into force on such date as the State Wa li .ea-

Government may, by notification in the Ocial Gazette, appoint.

(3) It shall apply to so much of the limits of the Damodar Valley and of the area of operation of the. Corporation as is situated in West Bengal.

XIV of 1948.

2. In this Act, unless the context otherwise requires,— Defini- tions.

(1) "the Act" means the Damodar Valley Corporation Act, 1948;

(2) "area of operation of the Corporation" has the same meanmg as in sub-section (3) of section 11 of the Act;

*Price—Indian n nisi; Engsh, 3

2 The West Bengal Irrigation (Imposition of water rate for Damodar Valley Corporation Water) Act, 1958.

(West Ben. Act

(Sections 3, 4.)

(3) "canal" means,—

(i) any river or any stream, canal, distributary or other water-course and any reservoir, dam weir pond, pool or sheet of water, constructed, maintained

• worked or improved by the Corporation or by the State Government or by any agency under arrangement with the Corporation or the State Government, in connection with the promotion and operation of any scheme for irrigation, water supply or drainage,

(ii) any supply or escape channel, conduit, sluice, groin or other inlet into or outlet from a canal as defined in sub-clause (i),

(hi) any land on the bank of a canal as defined in sub- clause (i) or sub-clause (ii), acquired by the State Government for the Corporation and which is permanently or octagonally covered by water,

but does not include any work for the removal of sewage;

(4) "collector" includes any officer appointed by the State Government to perform any or all of the func- tions of a Collector under this Act;

(5) "the Corporation" means the Damodar Valley Corporation constituted under section 4 of the Act;

(6) "kharif season" means the part of the year from July to October;

(7) "limits of the Damodar Valley" has the same meaning as in sub-section (1) of section 11 of the Act;

(8) "rabi season" means the part of the year from Novem- ber to March;

"year" means a period of twelve months commencing with July.

(9)

Act to override other laws.

Imposi- tion of water rate.

3. The provisions of this Act shall have effect notwith- standing anything to the contrary contained in the Act or in any other law or contract for the time being in force.

4. (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 Corpora- tion 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 irri- gation arrangement maintained and operated by the occupier thereof, be one-half of the rate speci- fied 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 assess- ment 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 pre- scribed by rules made under this Act either regarding his liability to pay the water rate or the amount assessed and the- decision 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.)

9. (1) For the purpose of irrigation or drainage of lands F".' e. in the notified area, the owners or occupiers of such lands shall gf Zej. be bound to afford fres passage for water through or over all for inirra- lands in their possession or under their control and for that timn or purpose to allow, when so squired by the Collector by order tdrorge made in this behalf, the construction and maintenance of such asrardm channels as may be necessary, without causing unnecessary lass through or damage to such lands. or over

all (2) If any person refuses to comply with an order under lanas'

sub-section (1), the Collector may cause the channel to be constructed or maintained and may recover the costs thereof from such person as a public demand.

(3) Notwithsignding anything contained in any other law for the time being in force, no person shall be entitled to claim any compensation for any damage or loss which may be caused as a result of the construction or maintenance of any channel under sub-section (1) or sub-section (2).

10. (1) if any obstruction is put in any channel referred diPtyonfrol :0 in section 9 or other canal or any cut is made on the bank normal :hereof as a result of which the normal flow of water through flow of such channel or canal is diverted for the purpose of irrigating canal water any land, the Collector may—

bstr by ouc- t ete.

(a) take such measures as he may consider necessary to remove such obstruction or to close such cut, and

(b) without prejudice to the provisions of section 7, impose a penalty, which may extend to ten times the water rate assessed for the kharif season or the rabi season. as the case may be, having regard to the time when the obstruction is put or the cut is made, on the persons assessed to water rate under section 7 who are the owners or occupiers of the lands irrigated by water so diverted, after giving them an opportunity of showing cause against the imposition of such penalty:

Provided that no such penalty shall be imposed on any person who proves to the satisfaction of the Collector that such obstruction was put or such cut was made without his knowledge or consent.

(2) Any penalty imposed under this section shall be recoverable as a public demand.

(3) Any person aggrieved by an order imposing a penalty on him under this section may within thirty days from the date of the order appeal to such appellate authority as may be prescribed by rules made under this Act and the decision 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.

Arrears of water rate to be recover- able as public demands.

[West Bea. Act XXVI of 1958.]

(Sections

11. All arrears of water rate together with interest and costs, if any, shall be recoverable as public demands.

Proceeds 12. The proceeds of the water rate, after deduction of the or water expenses incurred by the State Government, for supply and nal3 to be distribution of water, including the costs of construction or distributed between maintenance of channels, and for assessment and realisation of the state the water rate shall, notwithstanding anything contained in the eroveare Act, be distributed between the State Government and the merit and the pm.- Corporation in such proportion as may be agreed upon. poration.

Power to make rules.

13. (1) The State Government may make rules for carry- ing out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for—

(a) the manner of publication of notifications issued under this Act,

(b) the form and manner of service of notices and the procedure to be followed for considering objections under section 7, and

(c) the appellate authority to whom appeals under section 8 shall lie, the fees, if any, payable on petitions of appeal :Ind the procedure to be followed by the appellate authority.

WBGP-59160.046A-514