Section 4 in The West Bengal Irrigation (Imposition of Water Rate For Damodar Valley Corporation Water) Act, 1958
4. Imposition of water rate.
(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 Corporation are benefited or are likely to the benefited by irrigation during [kharif season, rabi season or summer season] [Words substituted for the words 'the Kharif season or the rabi season' by W.B. Act 23 of 1976.] by water supplied by the Corporation through canals, the State Government may, by notification, declare its intention to impose in such area a water rate, for [kharif season, rabi season or summer season], [Words substituted for the words 'the Kharif season or the rabi season' by W.B. Act 23 of 1976.] at such rate an not exceeding,-(a)[ rupees thirty-two for an area of .4047 hectares for kharif season, [[Clauses (a) to (c) substituted for previous clauses (a) and (b) by W. B. Act 23 of 1976, which were as under :'(a) Rs. 12.50 nP. per acre for the kharif season,(b)Rs. 15.00 nP. per acre for the rabi season,'.]](b)rupees forty-eight for an area of .4047 hectares for rabi season, and(c)rupees one hundred and sixty for an area of .4047 hectares for summer 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 (1) :Provided that such rate shall, in respect of any land for which water is obtained for irrigation by lift irrigation arrangement maintained and operated by the occupier thereof, be one-half of the rate specified in the notification.(4)[ The water imposed under clause (b) of sub-section (3) shall remain effective until the same is revised by the State Government by similar notification issued under this section.] [Sub-Section (4) inserted by W. B. Act 23 of 1976.]
