West Bengal Irrigation (Imposition of Water Rate) Act, 1974 (No. 46 of 1974)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The West Bengal Irrigation (Imposition of Water Rate) Act, 1974 Act 46 of 1974 Keyword(s): Canal, Canal Revenue Officer, Collector, Field Channel, Irrigation Work, Kharif Season, Rabi Season, Public Demand, Summer Season West Bengal Act XLVI of 1974' THE WEST BENGAL IHRTGATION (IMPOSITION OF WATER RATE) ACT, 1974. AII Acr to pruaidefotv the i~~lposi l io~i oflvo~er r d e it] nreoAh where water s~r~~pl icdf tur t~ i r t - i g ~ ~ ~ i ~ t ~ works csecrrred, rrr~~irirnir~ed ur corl~rnlled by the Sfare Goiler~imiet~t is avniloblc for irrigatiorr artd for ccr fab~ r l ~ a f l e ~ ~ m~cillnry rlrercro utid co~ir~eclrd therc\virlr. WHERMS 1 1 isexpcdicnl to provide for thc imposition orwaler raic in arcns where walcr supplicd from irrigalion works cxeculcd, rnain~aincd or con~rollcd by Lhc Sratc Gnvernmcn~ i s avi~ilablc [or irriga~inn and for ccrlain matters ancillary [hcrc~o and conncclcd ihcrcwiih; 11 is hereby cnncted i n ~ h c Twcnly-6Rh Ycnr oirhe Rcpublic of India. by thc Legista~urc of Wcsi Dengal. as follows: i CHAPTER I I Preliminary I 1. (I) This Acl may bc cnlicd thc Wesl Bengal Irrigalion (Imposition Shon rirtc of water [arc) ACI, 1974. and cxrcnt. (2) 11 cxrcnds 10 thc wholc of Wesi Bcngal, cxccpl rhc arcas lo which s , c , , , thc Wesr Bengal Irriga~ion (Irnposilion or rvaler talc for Damodar VaIIcy Act XXVlof Corporalion Warcr) Act, 1958. applies. IBSX. 2. In his Act. unless there is anything rcpugnant in the subjcct or ~ f io i , ions , CollleXl, (1) "canal" mcnt ls any river, srrcam. dis~ribu~ory, rcscrvoir. darn, wcir, pond. tank, pool or shccl of warcr, workcd. improved. maintained or cons~ructed by he Stalc Government or by any agency under arrangcmcni will1 I ~ C Slatc Government in connection with the promolion and operation of any schcme Tor irriga~ion nr drainage. and includcs (j) any supply or cscape channel, condui~, sluice, groin or o~her inlcr into or ou~lc l from such canal. and (ii) any land on lhc bank or thc canal which may or may not he covcrcd by water; (2) "Cannl Kevcnue OfLccr" rncans an officer appointed by he Statc Govcrnmcn~ l o perform the functions of a Cannl Rcvenuc Officer under this ACI; 'For staiclncm o i Objcc~s and Rtnrol~s, see 111c G~lrrrrtcr G<rrerrc. Errrrrnrdi~r<rr~. Pan Iv, ohhc 16th Noucrnbcr, 1974, pages 1975- 1976: lor procrrdings olthc Wcsl R c n p l Lcgi r l~ l ivc Asscmbly. see rhc proceedings of r h ~ Inccllng of h i Asscmbly held on rhc 2ah Novc~nlrcr. 1974. ['CYcst Ben. Act (3) "CoIlecror" includes an Addilioilal Collector and any other officer no1 belolv Ihe rank of a Depury Collccror. nppoinled by [he Smtc Governmetll to pcrrorrn all or any or the funclions of a Colleclor under this ACI; (4) "field ch;lnricl" rnen~~s a cl~annel consrn~c~ed and mainlained by owncrs or occupiers or lands within o na~ified area or by rIie Sl:~~cGovemrnea undcr seclion 12 for leading waler from ll~e ouilc~ 013 canal or from a watzr course to such lands; (5) "irrigfition work" means any work or syslem of works execu~ed, milinrdined orconLrolled by thc Slate Governmenl i n conneclion wilh the promolion and opcrntion or any scheme Tor irrigtllion or drainage and itlcludcs a canal and a water course; (6) "kkrirg srason" means lhc par1 of [he year from JuIy to Oc~ober; (7) "lnnd" means lnnd ordinarily used ror purposes of ngr icullure or horticulture, and includes such land nolwiil~srilnding t h a ~ it may bc lying Fallow Ior the titne-bcing and also includes tank in which waler horn any canal is slored; (8) "nolilica~ioii" means notification published in the OJlicinl Gnzerte; (9) "notified area" nienns any area in respcct of which rhc Shte Government has by a nolilication issued under sub-section (2) or section 5, declared ils illtenlion lo impose a wnler rate and includes any part or such area; (LO) "prcscribed" means prescribed by rules made under this Acl; (1 1) "public demand" mcilns a public dcrnand as defined in the Bcngd Public Demands Recovery Acl, I9 13; Ben. Acr HI uf 1913. (12) "rabi seasorf means the par1 of the year from November to February; (131 "season" means month o r monlhs of the year whcn cultiva tion is carried on; (14) "summer sc~son" means [he part of [lie year rrom March ro ApriI; (I 5 ) "year" mcans ;I period or Lwelve rnotllhs conimencing from July. IICI 10 3. The provisio~ls 01 [his Acl shall h;lve effecl no~witlts~anding overridc auything to he contrary conrnincd in any other Iaw for [he rime being in olhcr laws. XLVI of 1973.1 Imposilion aild asstlssrnc~~t of water rate 4 (1) Whcaevcr rlle Slate G o v c r ~ ~ l ~ ~ e n t is of opiriion t h a ~ lands i n any area arc bencfilcd or are likcly to be beneli~cd by irrigndun dul-i~ig kllariJscason, rrrbi seirson or summer so:uon by watcl-supplied T~,orn ally irrigation work, the Slate Government may, by noiificalion. declfirc i!s inlention 10 impose in such nrca LI \vaier ralc Cor every kbarvseasor~, 1u6i season or summer season, as the case mny be. (2) Such notification shall contained 11s full a description or the irrigation work as, in the opinion of Lhc Slate Govcrnmen~, mny be pnclicnblc and [tie baundnrics of (he area within which the Slate Govcrn menl inlends to impose [he water rare. 5. ( I ) On rhe publicarion oFa notilicalion undcrseclio~~ 4, nny person in~ercs~cd in ally [and likely 10 be nrfectcd by 111e imposirion or Lhc water rate may, \ v i ~ i i i ~ ~ 3 period of rhirtg days from the d a ~ c oipubIication of lhe said norificarion. prercr objecrion to thc Slate Governmeut against be inrendcd iriiposirion or [he waler rale or the inclusion of such land ill rlle area in rcspecl aiwhich ~ h c declamrion has been made under scc~iun 3. (2) On the expiry or the period relixi-ed ro in sub+seclion (I) , lhc Srate Government inay. alter considering thc objections, if ally. declorc its intention cirher wholly ro refrain from imposing the wiltcr late or lo impose the same in the area iu respccl of which lhc declarauon under seciioil 4 was made or in a specilied par1 [hereor, whcreupon lhc said area or ~ h c specified pan hereof shall bc dce~ned and shall continuc ro be dermcll Tor [he purposcs or lliis Act, 10 bc a r.o~i lied arca for every kirat*flseason, rnbi season or surnnlel season, a s the case may be: I'rovided rhal ltie Stale Governnieul may, so far as may br in thc manner hereinbcrure provided, from lime ro time, includc in or excludc from any norificd area any area which was benchled or was no1 beneL~ucl, zrs the case may bc, by wnler supplied from thc irrigalion work. 6. I11 respecr or any nolified arm, the Srale Government may issue a no~ification proposing 10 irnp~se watcrrare a1 such rates norexcccding, (a) rupccs thirty-two Tor an area of -4047 heclarcs Ibl- kl~m-f season, (b) rupccs forry-eight for an nrca of .4037 hcctnres for lahi season, No~ilicd 3w.1 fur i~llpositiun ol' tvnicr nlu, (c) rupees one hundred and sixty for all areii uT 4037 hectares Tlrc We.71 Uengal I~.riga riot1 (I~~ipo~ilio>i 01 \rluler rate) Acr, 1974. I [\Yes1 Ben. Act as inay bc specified in the notificarion and the waler ralc so imposcd shall rcniain erkcrive unril revised by the Slnlc Governmcn~ by n similar notification issued under lhis section. 7. No~wirhslandin:: anyrhing lo \lie conlrary contained in ahy o!hcr law for the lime being in or in any cuslom, usage or contract. thc linbili~y for pilyrnznl or water ralc shall be 011 the occupiers of lands included in the notified aica in which the walcr rale is imposed: Provided that where any such land is cul tivated by a burrndar as defined in clnusc (2) of section 2 d l h e Wesl Bengal Land Rerorrns Acl, \VcnBcn. Acl x of 1955, he liabilily for payment of [he water rite slrall bc an'the owner or such land: Providcd furlher that when walerralc is paid by the ownerornfly land cultivared by a bulgadnr, the owner shalI be enritled to rccover from 11u: bargrrrlar- half or rhe ainoitnr paid by him as waler rale. 8. ( 1 ) As soon 3s possibll: after il n01ific;ltion under sec~ion 6 imposing or revising a waler ratc in any notified area is published, [he Ctlnal Revenuc Oficer shall prepare and publish in the prescribed manocr an assessmcnt l i s ~ conlaining the names of all persons who are liable to pay tl~e water mLe and the dmounL or such walcr rate payable lor the khorqseason, mbi season o r summer season, ns the case may be. (2) Any pcrson on whom Lhe water rate has been assessed under s u b section (1) may, wilhin thifiy days horn Ihc dale or publication of such assessmen[ lisl. prefer berorc the Canal Revenue Officer, in such manner as may be prescribed, an appeal againsl the inclusion of his name in [he assessmen1 l i s~ or ngainsr Lhe amounl nssessed. (3) The Canal Revenue Officer shall, a r m cotlsidcring rhc objeclion, if any, publish in such manner as may be prescribed n final assessment list indiculing h e amounl of water raw assessed. (4) An assessmcn t list as finally published under sub-scctio~~ (3) shall not be nllcred or modified except when the rare at which water rale is to be imposed in any nolified area is revised undcr seclion 6; Provided that Lhe Canal Revznuc Ofticer may, on his own motion or on appIicn~ion made to him in this behalr, make any correulion in thc assessment l i s ~ by adding names uT new assessees or the succcssors-in inrercs~ of persons who were previously recorded ns assesses and the provisions or sub-secrions (1) to (4) shall apply nrrr/otis nmtatmis LO any The Wrsr Berrgol Irrigariorr (brrpositiorr of \vnIrPr- nrft') Acl, 197g. (5) An assessee shall bc linble 10 pay up rhc waler rale f i ~ . s l rime within three months from the dale of publica~ion o r ~ h c final wscssnienl list and thereafter within firtcen days frum the dare o i conlmencement of the particular season for which such water raIe is payable. (6) An nrrenr ofwater rare shnll bear inlcrest nt thc ralcof sixperce~lr. per annlon. 9. (1) If in any seasoil there is failure of supply of rvntcr in respccl lo or any land. the assessee may apply wirbin ten days of the end or thc gr+ rclnlssion. seasoli before rhe Canal Revenue Officer, for remission of wnler rate and rhe Canal Rcvcnuc OTficer may, in the prescribed manner, grant such remission as he considen: justiliable arrer holding such enquiries as he coiisiders ncccssary. (2) Excess rralisnrian or wntcrralc in any scason may, on rrpplication by t l~e xscssce, be adjusred against the waler rare for the next season. 10. Capirs orcntrics in an asscssrncnt list publishedut~der sub-section Cnpius or ( I ) o r scctian S shal! bc m:dc available in the prescribed manner on ~ ~ ~ ~ ~ ~ n , pay men^ aT lhe prescribed fee. list. 11. All arrears of water rate ~ogelber wit11 intercsr, i l any, shall hc ~ r r c ; ~ n : of recoverable as public demand. \wIcr mlc rccovurablc as public dcrn;lntl. 12. ( 1 ) Thc oivncrs or oucupicrs of all lands in a norified area shall be Ficld bound to afford irec passage to water from ihe ouuet a l a canal lhraugh ~ ~ ~ ~ ~ ~ , ~ $ or over lands in thcir possession or under d~e i r control and lor that purposc ~d-i!~:~~er fur irrinnlion or ro allow, when so requircd by rhc Collector by order made in his bebalr, [he consrruclion and mainlcnnncc or such field channels as may be l l lmu~l'or ovcr all tlecessary. lands. (2) I f any person refuses to comply with an order modc under sub section ( I ) , the Colleclor may cause the field chnnncls ro bc cons~ruc~ed or mainrained and may recover lhc cost thcreof from sucb person as public demand. (3) No[wilhsianding anything contained in any olhcr law Ibr ~ h c rimc being in rorcc, no person shall be entitled lo claim any compcnsa~ion fur any darnagc or loss which ]nay be caused as a rcsulr of thc consrruc~inn nr m.h;nl~n.unr.r nf . ~ n ~ r Gnlrl rhqnrlnl n l r n r kir l-nrl 1.nr7-r rh;r Pcn;il~y for divFniun of narlnal norv ofwn~cr fmln licld ch~nncI , clr canal by obairuciion. CLC, Tlrr Wesr Bengal Irrigatiorr (I~~iposirion of i v a r e r ratel Act, 1974. [{Vcsl Ben. Act (Cl~apfer II.-Ir~iposirion and assessIlturrf of wnrcr mte. Sections 13-13.) 13. ( I ) I f any obsrruction is caused in any field channel or canal or any clrr is made on lhe bank hereof as n rcsull of which t h c normal now of wulel- [brough such Iicld channel or canal is divefled for the purpose of itrigfiling any parricular land. Lhc Collccior may (a) lalie such measures as he considers necessary lo remove such obslrucrion or closc such cut, and (b) wi~houl prejudice to the provisions of sccrion 8, impose a penally, which may exrend 10 Len tinits Ihc waler rate nsscssed for lhe k11ur.fscason. rabi season or summer sexon, ns lhe case may be. having rcgard lo the rime when-[he obslruclion is put OT the cut i s made. on the person who is the owner or occupicr of [he land sough[ lo be irrigared hy the waler so diverled, after giving him at] opporlunily of showing cause againsl lhc ilnposirioll of such penally: Provided Lhar no such penalty shall be imposed on any person who proves to [he satishc~ion of rhc Collector lbnl such obsrrucdon was p u or such cul was made wiLhout his knowledge or consent. (2) Any penafly ir~~poserl uuder [his sect ion shall be rccoveiable as public demand. (3) Any person aggrieved by an order imposing a pcnally on him under this seciion may, within thiny days from thedntc of the ordcr. appeal 10 such appellate aulhorily as may bc prescribed and [he dccision of the appellate nu~horiiy in such nppeat shall be final. 14. No suit, prosecution or alher legal proceeding shall lic againsr any person for nny~hing i n good F ~ i t h done or i a e n d e d to be done under [his Acl or any rlrlc or order made thereunder. 15. (1) The State Governrnen~ may make rulcs for carryitlg out lhe purposes of this Acl. (2) In particular and without prejudice lo the generalily of [lie [oregoing power, such rules may provide lor all or any or the following matlers, natnely:-, (3) the manner of publication of notificn[ions issued undcr lhis Act; (b) [he rorm and rnanncr ol preparation and publicalion of ? c r m c r m n n r I ;"r I.crl.rr - . . l . ,.-... .--- . I,' - - r - , Tire WL'SI Be11sn1 Irrigariotl (Itnposifion of water rate) ACS, 1974. XLVI of 1974.1 (c) the conlenls oFa peli~ion of appeal under scclion 8 and thc Fees, irnny, lo bc paid on such pelition and the procedure 10 be followed in such appeal; (d) thc manner of remission of warer rare under secrion 9; (e) [he manner or, and the amounl of rees payiblc Tor, supplying copics under section 10; (r) lllc appellate aulhori~y 10 whom appeals undcr sub-section (3) of seclion 13 shall lie and the procedure to be followed by lhc appellate aurhoriry; and [g) ;my olher matter which may be or is require to be prescribed under [his Acl. !%.ir Bcn. 16. ( I ) The West Bengal Irrigalion (Imposition of waler rate) Rcpal and Ord. " I IOC Ordinance. 1974, is hcreby repealed. snvlngs. 1974. (2) Any~hing done orany aclion laken under lIie West Bengal Irrigadon (Imposilion orwn~er rile) Ordinance, 1974. stlall be dcemrd to havc been validly done or laken under this Act as iflhis Act had cammeticed on the 1s1 Jay of July. 1974.