The

Calcutta Gazette
Extraordinary

Published by Authority
PHALGUNA 2] FRIDAY, FEBRUARY 21, 1975
[SAKA 1896

PART I. – Orders and notification by the Governor of West Bengal, the High Court, Government Treasury,
etc

GOVERNMENT OF WEST BENGAL

IRRIGATION AND WATERWAYS DEPARTMENT

NOTIFICATION
st
No. 11-I.- 21 February, 1975.- In exercise of the power conferred by section 15 of the West
Bengal Irrigation (Imposition of Water Rate) Act, 1974 (West Bengal Act XLVI of 1974), the Governor is
pleased hereby to make the following rules, namely:
Rules
1. Short title.- These rules may be called the West Bengal Irrigation (Imposition of Water Rate)
Rules, 1975.
2. Definitions.- In these rules, unless there is anything repugnant in the subject or context, -
(a) “the Act” means the West Bengal Irrigation (Imposition of Water rate) Act, 1974 (West
Bengal Act XLVI of 1974); and
(b) “section” means a section of the Act.
3. Publication of notifications issued under the Act.- All notifications issued under the Act
shall be published in the Official Gazette.
4. Publication of declaration of intention to refrain from imposing or to impose water rate
under section 5(2).- The declaration of intention of the State Government either wholly to
refrain from imposing the water rate or to impose the same in the area in respect of which a
declaration under section 4 was made or in a specified part thereof, whereupon the said area
of the specified part thereof shall be deemed and shall continue to be deemed for the
purposes of the Act, to be a notified area for every Kharif season, Rabi season or summer
season, as the case may be, shall be made by a notification in the Official Gazette.
5. Preparation and publication of assessment list under section 8(1).-
(1) As soon as possible after a notification under section 6 imposing or revising a water rate
in any notified area is published, the Canal Revenue Officer shall prepare, as nearly as
may be in Form ‘A’ appended to these rules, an assessment list containing the particulars
referred to in the said Form including the named of all persons who are liable to pay the
water rate, and the amount of such water rate payable by each of such persons, for the
Kharif season, Rabi season or summer season, as the case may be.
 (2) The assessment list prepared as aforesaid shall be signed by the Canal Revenue Officer
or by any officer generally or specially authorised by him for he purpose and copies
thereof shall be published for public inspection free of charge, in the offices of the
Collector of the district, the District Judge, Executive Engineer (Irrrigation), Sub-divisional
Magistrate, Sub-divisional Munsif, the Block Development Officer, the Sub-Divisional
Officer (Irrigation), Sub-Registrar and Canal Revenue Officer within whose jurisdiction the
notified area or any part thereof is situated and such list shall remain displayed at such
offices for a period of twenty-one days from the date of its publication.
6. Appeal by person on whom water rate has been assessed under section 8(1) .-
(1). Any person on whom water rate has been assessed under sub-section (1) of section 8
may prefer before the Canal revenue Officer an appeal under sub-section (2) of section 8 by
filing a memorandum of appeal. Such memorandum shall be signed and presented by the
assessee or by his agent, duly authorised by the assessee in writing, shall be accompanied
by a copy of the relevant entries in the assessment list prepared under sub-section (1) of
section 8 and shall bear a court-fee stamp of paise seventy-five.
Shall memorandum shall –
(i) be either type-written or written in ink in legible hand writing;
(ii) state the name and address of the appellant and also those of the respondent;
(iii) state the date of publication of the assessment list containing the relevant entries;
(iv) state clearly the grounds of objection on which the appeal is preferred; and
(v) state precisely the relief that the appellant claims.
(2) The Canal Revenue Officer while considering the grounds of objection taken by the
appellant under sub-section (2) of section 8 shall have the power to examine on oath or
affirmation any person summoned by him, to reduce into writing any statement made by the
person so examined and to record his decision in the appeal after hearing the arguments, if
any, of the appellant or his agent duly authorised by him in writing in that behalf.
7. Preparation and publication of final assessment list under section 8(3).-
After considering the grounds of objection and recording his decision as aforesaid, the Canal
Revenue Officer shall prepare, as nearly as may be, in Form ‘B’ appended to these rules, the
final assessment list indicating therein the amount of water rate assessed and such final list
shall be signed and published in the manner laid down in sub-rule (2) of rule 5.
8. Power to grant remission of water rate under section 9(1).-
On receipt of an application made under sub-section (1) of section 9 the Canal Revenue
Officer may hold an inquiry as to the extent of the failure of supply of water, if any, in respect
of the land and the season in question. If as a result of such inquiry the Canal Revenue
Officer holds that there was no failure of supply of water he shall reject the application but if
he holds that there was failure of supply of water he may grant such partial or total remission
of water rate as is commensurate with the extent of the failure of supply of water.
9. Copies of entries in assessment list published under section 8(1).-
Copies of entries in an assessment list published under sub-section (1) of section 8 shall be
made available in the manner laid down in the rules of the Bengal Records Manual, on
payment of the fees prescribed therein.
10. Appeal under section 13(3) from order imposing penalty under section 13(1)(b).-
(1) The appellate authority under sub-section (3) of section 13 shall be a Revenue Officer not
lower in 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 include an Additional
Collector of the district.
(2) An appeal under sub-section (3) of section 13 may be preferred before the appellate
authority by filing a memorandum of appeal. Such memorandum shall be signed and
presented by the person aggrieved by the order imposing penalty on him under clause
(b) of sub-section (1) of section 13 or by his agent duly authorised by him in writing and
shall be accompanied by a copy of the order appealed from.
(3) Copies of the orders imposing penalty under clause (b) of sub-section (1) of section 13
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 memorandum of appeal shall be accompanied by an additional copy of the
memorandum.
(5) On receipt of the memorandum the appellate authority shall send the additional a copy of
the memorandum to the Collector whose order is appealed from requiring such Collector
to forward within seven days from the date of receipt of the appellate authority’s
requisition, the records of the case along with a report of such Collector on the
memorandum.
(6) On receipt of the records from the Collector who imposed the penalty under clause (b) of
sub-section 13, the appellate authority may, for reasons to be recorded by it in writing,
reject the memorandum, or if it thinks fit, may itself make further enquiry or direct such
enquiry to be made by any other officer subordinate to it, specifying the points on which
such enquiry is necessary. For the purposes of such enquiry, the appellate authority or
the officer aforesaid shall have the power to examine on oath or affirmation any person
summoned by it or him, to reduce into writing any statement made by the person
summoned by it or him, to 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 preferred under sub-section (3) of section 13, the
appellate authority may, on sufficient grounds being shown, stay recovery of the penalty
imposed under clause (b) of sub-section (1) of section 13. When such an order staying
recovery of fine is made a copy thereof shall forthwith be forwarded to the Collector who
imposed such fine.
(8) At the hearing of the appeal the appellate authority may hear arguments relating to the
penalty imposed and record its decision in the appeal. An authenticated copy of the
appellate authority’s final decision under sub-section (3) of section 13 shall be sent to the
Collector concerned within seven days from the date of such decision.

ANNEXURE
Form “A”
[See rule 5(1)]
Assessment list in respect of the water rate prepared under section 8(1) of the West Bengal Irrigation
(Imposition of Water Rate) Act, 1974 (West Bengal Act XLVI of 1974)

Mouza…………………………………………………. Jurisdiction List

No………………………………………………….
Police station………………………………………
District…………………………………………………………………..

Lands with names of persons liable to pay water rate in respect of the Kharif/ Rabi/
Summer season of ……………………………………………………………………..

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

No. Father’s Plot No. acre and water amount of the
Name and decimal rate per of water Canal
and Khatian acre rate Revenue
address No. fixed assessed Officer
of under under
occupier section section
6 8(1)
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 bargadae hold such land shall be recorded.

FORM “B”
(See rule 7)
Final assessment list in respect of the Water rate prepared under section 8(3) of the West Bengal
Irrigation (Imposition of water rate) Act, 1974 (West Bengal Act XLVI of 1974)
Mouza…………………………………………. Jurisdiction List No.
……………………………………………….
Police Station ………………………………
District…………………………………………………………………..

Lands with names of persons liable to pay water rate in respect of Kharif/ Rabi/ Summer season of
………………………

Serial Name, Serial No. of C.S. Area in Rate of Total Signature Remarks
No. Father’s the Plot no. acre water amount of of the
Name assessment and and rate per water rate Canal
and list prepared Khatian decimal acre as finally Revenue
address under section No. fixed assessed Officer
of 8(1) of the under under
occupier said Act. section section
6 8(3)
1 2 3 4 5 6 7 8 9

* If the land is cultivated by a bargadar, name of the owner of the land under whom the bargadar holds
such land shall be recorded.

By order of the Governor

S.K. MOITRA
Dy. Secy. to the Govt. of West Bengal