Government of West Bengal

Irrigation & Waterways Department

NOTIFICATION

No. 22 – I – 6th August, 1959 – In exercise of the power conferred by section 13 of the
West Bengal Irrigation (Imposition of Water Rate for Damodar Valley Corporation Water) Act,
1958 (West Bengal Act XXVI of 1958), the Governor is pleased to make the following rules for
carrying out the purposes of the said Act, namely:-
The West Bengal Irrigation (Imposition of Water Rate for Damodar Valley Corporation
Water) Rules, 1959.

1. Short title.- These rules may be called the West Bengal Irrigation (Imposition of
Water Rate for Damodar Valley Corporation Water) Rules, 1959.

2. Definitions.- In these rules, -

(a) The expression “the irrigation Act” means the West Bengal Irrigation (Imposition
of Water Rate for Damodar Valley Corporation Water) Act, 1958 (West Bengal
Act XXVI of 1958):
(b) “section” means a section of the irrigation Act.

3. Publication of notification of intention to impose water rate under section 4(1).-

(1) A notification under sub-section (1) of section 4 shall contain, inter alia, the
following particulars, namely:-
(a) the boundaries or a description of the area in which the State Government
intends to impose the water rate for the Kharif season or the rabi season, as
the case may be, and the rate at which such water rate is intended to be
imposed;
(b) a date, not less than one month from the date of publication of such
notification, before which objections may be preferred by any person
interested in any land likely to be affected by the imposition of the water rate.
(2) Such notifications shall be published in the “Calcutta Gazette”.
4. Withdrawal of declaration intending to impose a water rate, or imposition of a water
rate under section 4(3)(a) and (b).- The notification under sub-section (3) of section 4
shall also be published in the “Calcutta Gazette”.
5. Exemption from water rate under section 6.-
(1) If the owner or occupier of any land in the notified area considers that for any
reason there has been a partial or total failure of crops in any land in respect of
which he is liable to pay water rate, he may apply in writing to the Collector for
partial or total exemption form the water rate for the season. Such an application
shall not be considered unless it reaches the Collector at least two weeks before
reaping of the crops in such land.
(2) The Collector, on receipt of the application under sub-rule (1) or, if he so thinks
fit, of his own motion, may make or cause to be made a local inquiry as to the
extent of failure, if any, of the crops in any land in any season. If as a result of
such inquiry the Collector considers that there has been any material deficiency
in the outturn of produce of any land due to any reason, the Collector shall
estimate the extent of failure of the crops an submit a report of the facts together
with the application, if any, and the proceedings of inquiry to the Collector of the
District concerned. The Collector of the district shall, after making any further
 inquiry which he may deem necessary, record his opinion and submit a report to
the Commissioner of the Division,. The Commissioner shall forward the report
submitted by the Collector, together with any remarks he may think proper, for
the consideration of the State Government., On receipt of the report forwarded by
the Commissioner the State Government shall consider the same and may grant
partial exemption from the water rate or refuse to grant any exemption according
to the merits of the case.
6. Preliminary assessment and service of notice of such assessment under section
7(1).-
(1) The Collector shall prepare a list of preliminary assessment of the water rate for
the lands in each mouza of the notified area for the Kharif or the Rabi season, as
the case may be, as nearly as possible, in Form A appended to these rules.
(2) A notice of preliminary assessment for the Kharif or the Rabi season shall be
served under sub-section (1) of section 7 on each person liable to pay the water
rate in respect of the land or lands held by him in each mouza. The notice shall
be prepared, as nearly as possible, in Form B appended to these rules, and shall
be signed by the Collector. The notice shall specify the period within which the
objections to the proposed assessment may be preferred.
(3) The notice of preliminary assessment made under sub-section (1) if section 7
may be served in any of the following ways, namely:-
(a) A copy may be tendered or delivered to the assessee by, or in the presence
of , the Collector and the Collector shall record on the original notice a note
that this has been done; or
(b) A copy may be served by delivering it to the assessee or to his authorized
agent, or on failure of such service, by delivering a copy to an adult member
of the family of the assessee or by affixing a copy or the same on some
conspicuous part of the premises in which the assessee resides or is known
to have last resided; or
(c) By sending by registered post to the assessee at his ordinary place of
residence or at the place where he is known to have last resided.
7. Final assessment of water rate and service of notice of demand under section 7(2).-
(1) On the expiry of the period specified in the notice under sub-section (1) of section
7, the Collector shall consider the objections, if any, received by him during such
period and may make such inquiry, as he may think fit, and for that purpose shall
have power to summon and examine orally any person on oath or affirmation and
reduce into writing any statement made by the person so examined and also to
enter upon the inspect any land.
(2) Any modification made by the Collector in the list of preliminary assessment shall
be initialised and dated by him. The list of preliminary assessment, thus modified
shall be the final assessment list 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.
(3) As soon as an objection filed against the preliminary assessment within the
period specified in the notice issued under sub-section (1) of section 7 has been
disposed of, or, where no objection has been filed, as soon as the periods
specified for filling objections has elapse, the Collector shall cause a notice of
demand of the amount of water rate finally assessed under sub-section (2) of
section 7 to be served as nearly as possible in Form C appended to these rules
on every person liable to pay the same.. If any objection has been preferred by
any person in response to the notice of the preliminary assessment in Form B
served under sub-section (1) of section 7, substance of the Collector’s decision
 on such objection shall be noted in the remarks column of the notice of demand
in Form C.
(4) The notice of demand shall be served every year subsequent to the final
assessment in the manner specified in sub-rule (3) of rule 6 for the service of a
notice of preliminary assessment under sub-section (1) of section 7 and shall
specify a date, not earlier than one month after the service of such notice, within
which the amount specified therein shall be paid. If the amount is not paid by the
date specified in the notice of demand interest at the rate of six and quarter per
cent. per annum shall be payable thereon from the date of default.
8. Appeals in regard to final assessment under section 8.-
(1) One or more Revenue Officers of the district concerned not lower in rank than a
Deputy Collector, specially appointed by the State Government in this behalf,
shall be the appellate authority referred to in section 8.
(2) Every appeal under section 8 shall be made by an application in writing. It may
be presented by the assessee or his agent duly authorised by him in writing. It
may be presented by the assessee or by his agent duly authorised by him in
writing and shall be accompanied by an authenticated copy of the notice of
demand served under sub-section (2) of section 7, which is appealed against.
(3) The application shall be accompanied by a fee of annas twelve in court fee
stamps and an extra copy of the application for sending the copy to the Collector
who made the final assessment of the water rate under sub-section (2) of section
7.
(4) Copies of the original notice of demand issued under sub-section (2) of section 7
shall be made available in the manner laid down in the rules of the Bengal
Records Manual, on payment of the fees prescribed therein.
(5) On receipt of the application the appellate authority shall send to the Collector,
who made the assessment appealed against, a copy of the application, call for
the latter’s report thereon and the records of inquiry, if any, made by him under
rule 7. The Collector shall submit to the appellate authority his report and other
relevant papers, if any, within fifteen days from the date of receipt of the
appellate authority’s requisition for the same.
(6) On receipt of the Collector’s report under sub-rule(3), the appellate authority
may, for reasons to be recoded in writing, reject the application, or if it thinks fit,
may itself make further inquiry or direct it to bt made by any other officer
subordinate to it, specifying the points on which such inquiry is necessary. For
this purpose the appellate authority of the officer aforesaid shall have the power
to examine orally any person on oath of affirmation and reduce into writing any
statement made by the person so examined and also to enter upon and inspect
any land.
(7) Pending consideration of the application, the appellate authority may, on
sufficient grounds being shown, stay recovery of the demand, if not already paid
subject to appeal. But in such case the rebate allowable under sub-section (3) of
section 7 shall not be allowed even if the assessment order is modified on
appeal. A copy of such stay order shall immediately be sent to the Collector who
made the assessment.
(8) On the date fixed for hearing of the appeal the appellate authority may hear
arguments relating to the objection against the final assessment made under
sub-section (2) of section 7, and shall record his decision regarding the liability of
the assessee to pay the water rate and the amount assessed.
 (9) An authorised copy of the appellate authority’s final order in appeal shall be sent
to the Collector concerned within seven days from the date of the passing of
such order.
9. Appeals in regard to penalty imposed under section 10.-
(1) The appellate authority under sub-section (3) of section 10 shall be a Revenue
Officer not lower the rank than the Collector of the district concerned as may be
specially appointed by the State Government in this behalf.
Explanation.- The expression “Collector of the District” shall also include an
Additional Collector of the district.
(2) An appeal under sub-section (3) of section 10 shall be made by an application in
writing. It may be filed by the person aggrieved or by his agent duly authorised by
him in writing and shall be accompanied by a copy of the order appealed against.
(3) Copies of the orders imposing the penalty under sub-section (1) of section 10
shall be made available in the manner laid down in the rules of the Bengal
Records Manual, on payment of the fees prescribed therein.
(4) The application shall be accompanied by an extra copy of the application for
sending to the Collector who imposed the penalty under sub-section (1) of
section 10.
(5) On receipt of the application, the appellate authority shall send to the Collector
who imposed the penalty a copy of the application, call for the records of the
case and the Collector’s report on the application, which shall be submitted by
the latter within seven days from the date of receipt of the appellate authority’s
requisition for the same.
(6) On receipt of the records from the Collector who imposed penalty under sub-
section (1) of section 10, the appellate authority may, for reasons to be recorded
in writing, reject the application, or if it thinks fit, may itself make further inquiry or
direct it to be made by any other officer subordinate to it, specifying the points on
which further inquiry is necessary. For this purpose the appellate authority or the
officer aforesaid shall have the power to examine orally any persons, summoned
by him, an oath of affirmation and reduce into writing any statement made by the
person so examined and also to enter upon and inspect any land.
(7) Pending decision of the appeal filed under sub-section (5) of section 10, the
appellate authority may, on sufficient grounds being shown, stay recovery of the
penalty imposed under sub-section (1) of section 10. A copy of such stay order
shall, as soon as passes, be sent to the Collector who imposed such penalty.
(8) On the date fixed for hearing of the appeal the appellate authority may hear
arguments relating to the penalty imposed and record his decision in the appeal.
An authenticated copy of the appellate authority’s final decision under sub-
section (3) of section 10 shall be sent to the Collector concerned within seven
days from the date of such decision.
 FORM A

See rule 6(1)

Preliminary assessment of the water rate under section 7 (1) of the West Bengal
Irrigation (Imposition of Water Rate for Damodar Valley Corporation Water) Act, 1958 (West
Bengal Act XXVI of 1958).

Mouzas……………………… …………. Jurisdiction List No.

………………………………………………….
Police Station………………………….
District……………………………………………………………………..
Lands with names of persons liable to pay water rate in respect of Kharif/ Rabi season of
19………………….

Serial Name/ C.S. Plot Area in Rate of Total Signature Remarks

No. Father’s No. and acre and water amount of the
name and Khatian decimal rate per assessed Collector
address No. acre fixed u/s 7(1)
and u/s 4(3)
occupation (b)
1 2 3 4 5 6 7 8

• If the land is cultivated by a bargadar, name of the owner of the land under whom the
bargadar holds shall be recorded.
 FORM B
See rule 6(2)

Notice of preliminary assessment under section 7(1) of the West Bengal Irrigation (Imposition of
Water Rate for Damodar Valley Corporation Water) Act, 1958 (West Bengal Act XXVI of 1958.

No. Date:

To
Shri
Father’s Name
Residence

Take notice that the land/ land specified in the schedule below, of which you are the occupier/ *
owner, are liable for the payment of water rate under the above mentioned Act for the Kharif/
Rabi season of 19…… at the rates noted against each. You may file before the
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
……………………………………………………………………………………………………. (here
enter the designation of the Officer) your written objections, if any, to this preliminary
assessment within fifteen days from the date of service of this notice.
*Strike the work “occupier” if the land is cultivated by a bargadar. In all other cases the word
“owner” is to be deleted, vide section 5.

Schedule
Mouza………………………………………………………………… Jurisdiction List
No…………………………………………….
Police Station………………………………………………………
District………………………………………………………………

Serial No. of C.S. Plot No. Area in acres Rate of water Total amount Remarks
assessment and Khatian and decimal rate leviable of water rate
list of the No. per acre leviable
mouza

Signature
Designation of the Officer issuing the notice
 FORM C
See rule 7(3)

Notice of demand under section 7(3) of the West Bengal Irrigation (Imposition of water rate for
Damodar Valley Corporation Water) Act, 1958 (West Bengal Act XXVI of 1958)

No. Office of Date

To
Shri
Father’s Name
Residence
Take notice that in respect of the land/ lands of which you are the occupier/ owner*, and
particulars of which are given below, water rate as specified below has been finally assessed for
the Kharif/ Rabi season of ………………………….. as being payable by you and that you are
hereby required to pay the amount due by ………………………………………………………… to
the Zilladar or the Tahasildar of this office.
Mouza……………………………………………………. Jurisdiction List No.
……………………………..
Police Station ………………………………………… District
…………………………………………………

Serial No. of C.S. plot No. Area in acres Rate of water Total amount Remarks
the and Khatian and decimal rate fixed of water rate
assessment No. under section finally
list of the 4(3) (b) assessed
mouza under section
7(2)
1 2 3 4 5 6
Rs. P.

Total amount payable –

(1) If payment is made by ……………………………………..Rs.
(2) If payment is made thereafter…………………………Rs.

Plus

Interest at 6 ¼ per cent. per annum accruing

from…………………………………………………………..
Signature
………………………………………………………………………………………………………
…………………..
Designation of the Officer issuing the notice of
demand………………………………………………….
*Strike the word “occupier” if the land is cultivated by a bargadar. In all other cases the
word “owner” is to be omitted.
 By order of the Governor

A.D. Khan
Secy. to the Govt. of West Bengal