Section 10 in Bihar Private Irrigation Works Act, 1922
10. Charging and apportionment of expenses.
- [When any work of repair, extension or alteration has been carried out by any agency mentioned in clause (b) of sub-section (1) of Section 5, under Section 5A or under Section 6, the Collector shall, after making such inquiry and giving such notice as he thinks fit, apportion the expenses incurred in carrying out any of the said works, including expenses incurred in preparing any plan and estimate of costs under the proviso to Section 3, in supervising such work and in issuing any notice under any of the provisions of this Chapter, amongst the person or persons liable to pay the same in such proportions as may seem to him to be fair and equitable, and in making such apportionment, he shall have regard to the following considerations] [Substituted by act 10 of 1939.] -(a)the obligation under which any person may be to maintain an irrigation work in an efficient state and the reason for the failure of such person so to maintain it,(b)the benefit which is likely to result from the work of repair or construction, and(c)any other considerations which in the circumstances of the case he may deem it fair and equitable to take into account:[Provided that the amount to be apportioned in respect of the expenses incurred in preparing any such plan and estimate, in supervising such work and in issuing any such notice shall not exceed five per centum of the expenses incurred in such repair, extension or alteration.] [Added by act 10 of 1939.]
