The West Bengal Irrigation ( Imposition Of Water Rate ) Act, 1974

West Ben. 
Act XXVI of 
1958. 
GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XLVI of 1974 
THE WEST BENGAL IRRIGATION (IMPOSITION OF 
WATER RATE) ACT, 1974. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta 
Gazette, Extraordinary, of the 11th December, 1974. ] 
[11th December, 1974.] 
An Act to provide for the imposition of water rate in areas where 
watersuppliedfromirrigationworks executed, maintained or controlled 
by the State Government is available for irrigation and for certain 
matters ancillary thereto and connected therewith. 
WHEREAS it is expedient to provide for the imposition of water rate 
in areas where water supplied from irrigation works executed, 
maintained or controlled by the State Government is available for 
irrigation and for certain matters ancillary thereto and connected 
therewith; 
It is hereby enacted in the Twenty-fifth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary 
1. (I) This Act may be called the West Bengal Irrigation short title and 
(Imposition of water rate) Act, 1974. 	 extent. 
(2) It extends to the whole of West Bengal, except the areas to 
which the West Bengal Irrigation (Imposition of water rate for 
Damodar Valley Corporation Water) Act, 1958, applies. 
2. In this Act, unless there is anything repugnant in the subject or Definitions. 
context,— 
(1) "canal" means on river, stream, distributory, reservoir, 
dam, weir, pond, tank, pool or sheet of water, worked, improved, 
maintained or constructed by the State Government or by any agency 
under arrangement with the State Government in connection with the 
promotion and operation of any scheme for irrigation or drainage, and 
includes— 
(i) any supply or escape channel, conduit, sluice, groin or 
other inlet into or outlet from such canal, and 
223 
The West Bengal Irrigation (Imposition of water rate) Act, 1974. 
[West Ben. Act 
(Chapter 1.—Preliminary.--Section 2.) 
(ii) any land on the bank of the canal which may or may not 
be covered by water; 
(2) "Canal Revenue Officer" means an officer appointed by 
the State Government to perform the functions of a Canal Revenue 
Officer under this Act; 
(3) "Collector" includes an Additional Collector and any 
other officer not below the rank of a Deputy Collector, appointed by 
the State Government to perform all or any of the functions of a 
Collector under this Act; 
(4) "field channel" means a channel constructed and 
maintained by owners or occupiers of lands within a notified area or by 
the State Government under section 12 for leading water from the 
outlet of a canal or from a water course to such lands; 
(5) "irrigation work" means any work or system of works 
executed, maintained or controlled by the State Government in 
connection with the promotion and operation of any scheme for 
irrigation or drainage and includes a canal and a water course; 
(6) "kharif season" means the part of the year from July to 
October; 
(7) "land" means land ordinarily used for purposes of 
agriculture or horticulture, and includes such land notwithstanding 
that it may be lying fallow for the time being and also includes tank 
in which water from any canal is stored; 
(8) "notification" means a notification published in the 
Official Gazette; 
(9) "notified area" means any area in respect of which the 
State Government has by a notification issued under sub-section (2) of 
section 5, declared its intention to impose a water rate and includes 
any part of such area; 
(10) "prescribed"means prescribed by rules made under 
this Act; 
Ben. Act 111 of 	 (11) "public demand" means a public demand as defined in 
1913. 	 the Bengal Public Demands Recovery Act, 1913; 
(12) "rabi season" means the part of the year from November 
to February; 
(13) "season" means month or months of the year when 
cultivation is carried on; 
224 
The West Bengal Irrigation (Imposition of water rate) Act, 1974. 
XLV I of 1974.] 
(Chapter 1.—Preliminary.—Section 3.—Chapter II.—Imposition 
and assessment of water rate.—Sections 4, 5.) 
(14) "summer season" means the part of the year from March 
to April; 
(15) "year" means a period of twelve months commencing 
from July. 
3. The provisions of this Act shall have effect notwithstanding 
anything to the contrary contained in any other law for the time being 
in force or in any contract or usage. 
CHAPTER II 
Imposition and assessment of water rate 
4. (1) Whenever the State Government is of opinion that lands in 
any area are benefited or are likely to be benefited by irrigation during 
kharif season, rabi season or summer season by water supplied from 
any irrigation work, the State Government may, by notification, 
declare its intention to impose in such area a water rate for every kharif 
season, rabi season or summer season, as the case may be. 
(2) Such notification shall contained as full a description of the 
irrigation work as, in the opinion of the State Government, may be 
practicable and the boundaries of the area within which the State 
Government intends to impose the water rate. 
5. (1) On the publication of notification under section 4, any 
person interested in any land likely to be affected by the imposition of 
the water rate may, within a period of thirty days from the date of 
publication of the said notification, prefer objection to the State 
Government against the intended imposition of the water rate or the 
inclusion of such land in the area in respect of which the declaration 
has been made under section 4. 
(2) On the expiry of the period referred to in sub-section (1), the 
State Government may, after considering the objections, if any, declare 
its intention either wholly to refrain from imposing the water rate or to 
impose the same in the area in respect of which the declaration under 
section 4 was made or in a specified part thereof, whereupon the said 
area or the specified part thereof shall be deemed and shall continue to 
be deemed for the purposes of this Act, to be a notified area for every 
kharif season, rabi season or summer season, as the case may be: 
Provided that the State Government may, so far as may be in the 
manner hereinbefore provided, from time to time, include in or exclude 
from any notified area any area which was benefited or was not 
benefited, as the case may be, by water supplied from the irrigation 
work. 
Act to 
override 
other laws. 
Preliminary 
notification for 
imposition of 
water rate. 
Notified area 
for imposition 
of water rate. 
225 
The West Bengal Irrigation (Imposition of water rate) Act, 1974. 
[West Ben. Act 
Imposition of 
water rate. 
Liability for 
payment of 
water rate. 
Assessment of 
water rate. 
(Chapter IL—Imposition and assessment of water rate.— 
Sections 6-8.) 
6. In respect of any notified area, the State Government may issue 
a notification proposing to impose water rate at such rates not 
exceeding,— 
(a) rupees thirty-two for an area of .4047 hectares for kharif 
season, 
(b) rupees forty-eight for an area of .4047 hectares for rabi 
season, 
(c) rupees one hundred and sixty for an area of .4047 hectares 
for summer season, 
as may be specified in the notification and the water rate so imposed 
shall remain effective until revised by the State Government by a 
similar notification issued under this section. 
7. Notwithstanding anything to the contrary contained in any other 
law for the time being in force or in any custom, usage or contract, the 
liability for payment of water rate shall be on the occupiers of lands 
included in the notified area in which the water rate is imposed: 
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 such land: 
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. 
8. (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 and publish in the prescribed 
manner an assessment list containing the names of all persons who are 
liable to pay the water rate and the amount of such water rate payable 
for the kharif season, rabi season or summer season, as the case may 
be. 
(2) Any person on whom the water rate has been assessed under 
sub-section (1) may, within thirty days from the date of publication of 
such assessment list, prefer before the Canal Revenue Officer, in such 
manner as may be prescribed, an appeal against the inclusion of his 
names in the assessment list or against the amount assessed. 
(3) The Canal Revenue Officer shall, after considering the 
objection, if any, publish in such manner as may be prescribed a final 
assessment list indicating the amount of water rate assessed. 
(4) An assessment list as finally published under sub-section 
(3) shall not be altered or modified except when the rate at which water 
rate is to be imposed in any notified area is revised under section 6: 
West Ben. Act 
X of 1956. 
226 
The West Bengal Irrigation (Imposition of water rate) Act, 1974. 
XLVI of 1974.] 
(Chapter IL—Imposition and assessment of water rate.—Sections 
9-12.) 
Provided that the Canal Revenue Officer may, on his own motion 
or on application made to him in this behalf, make any correction in the 
assessment list by adding names of new assessees or the successors-in-
interest of persons who were previously recorded as assesses and the 
provisions of sub-sections (1) to (4) shall apply mutatis mutandis to 
any such correction. 
(5) An assessee shall be liable to pay up the water rate first time 
within three months from the date of publication of the final assessment 
list and thereafter within fifteen days from the date of commencement 
of the particular season for which such water rate is payable. 
(6) An arrear of water rate shall bear interest at the rate of six 
per cent per annum. 
9. (1) If in any season there is failure of supply of water in respect 
of any land, the assessee may apply within ten days of the end of the 
season before the Canal Revenue Officer, for remission of water rate 
and the Canal Revenue Officer may, in the prescribed manner, grant 
such remission as he considers justifiable after holding such enquiries 
as he considers necessary. 
(2) Excess realisation of water rate in any season may, on 
application by the assessee, be adjusted against the water rate for the 
next season. 
10. Copies of entries in an assessment list published under sub-
section (1) of section 8 shall be made available in the prescribed 
manner on payment of the prescribed fee. 
11. All arrears of water rate together with interest, if any, shall be 
recoverable as public demand. 
12. (1) The owners or occupiers of all lands in a notified area shall 
be bound to afford free passage to water from the outlet of a canal 
through or over lands in their possession or under their control and for 
that purpose to allow, when so required by the Collector by order made 
in this behalf, the construction and maintenance of such field channels 
as may be necessary. 
(2) If any person refuses to comply with an order made under 
sub-section (I), the Collector may cause the field channels to be 
constructed or maintained and may recover the cost thereof from such 
person as public demand. 
(3) Notwithstanding anything contained in any other law for 
Power to grant 
remission. 
Copies of 
entries in 
assessment list. 
Arrears of 
water rate 
recoverable as 
public demand. 
Field channels 
for free 
passage of 
water for 
irrigation or 
drainage 
through or 
over all lands. 
227 
The West Bengal Irrigation (Imposition of water rate) Act, 1974. 
[West Ben. Act 
(Chapter IL—Imposition and assessment of water rate.— 
Sections 13-15.) 
Penalty for 
diversion of 
normal flow of 
water from 
field channel, 
or canal by 
obstruction, 
etc. 
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 field channel over his land 
under this section. 
13. (1) If any obstruction is caused in any field channel or canal or 
any cut is made on the bank thereof as a result of which the normal flow 
of water through such field channel or canal is diverted for the purpose 
of irrigating any particular land, the Collector may— 
(a) take such measures as he considers necessary to remove 
such obstruction or close such cut, and 
(b) without prejudice to the provisions of section 8, impose 
a penalty, which may extend to ten times the water rate 
assessed for the kharif season, rabi season or summer 
season, as the case may be, having regard to the time 
when the obstruction is put or the cut is made, on the 
person who is the owner or occupier of the land sought 
to be irrigated by the water so diverted, after giving him 
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 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 and the 
decision of the appellate authority in such appeal shall be final. 
Indemnity. 	 14. No suit, prosecution or other legal proceeding shall lie against 
any person for anything in good faith done or intended to be done under 
this Act or any rule or order made thereunder. 
Power to make 	 15. (1) The State Government may make rules for carrying out the 
rules. 	 purposes of this Act. 
(2) In particular and without prejudice to the generality of the 
foregoing power, such rules may provide for all or any of the f011owing 
matters, namely :— 
(a) the manner of publication of notifications issued under 
this Act; 
228 
The West Bengal Irrigation (Imposition of water rate) Act, 1974. 
[West Ben. Act. XLVI of 1974.] 
(Chapter IL Impositionand assessment of water rate.—
Section 16.) 
West Ben. 
Ord. VII of 
1974. 
(b) the form and manner of preparation and publication of 
assessment list under sub-sections CO and (3) of 
section 8; 
(c) the contents of a petition of appeal under section 8 and 
the fees, if any, to be paid on such petition and the 
procedure to be followed in such appeal; 
(d) the manner of remission of water rate under section 9; 
(e) the manner of, and the amount of fees payable for, 
supplying copies under section 10; 
(f) the appellate authority to whom appeals under sub-
section (3) of section 13 shall lie and the procedure to 
be followed by the appellate authority; and 
(g) any other matter which may be or is required to be 
prescribed under this Act. 
16. (1) The West Bengal Irrigation (Imposition of water rate) Repeal and 
Ordinance, 1974, is hereby repealed. 	 savings. 
(2) Anything done or any action taken under the West Bengal 
Irrigation (Imposition of water rate) Ordinance, 1974, shall be deemed 
to have been validly done or taken under this Act as if this Act had 
commenced on the 1st day of July, 1974. 
229 

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