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. 	 rraii enace- 
(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 Th et ter  
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 Z ej. 
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 tdrorg e  
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 diPty onfrol 
: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 
bet ween 	 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  p m.- 	 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 

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