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State of Bihar - Section

Section 13 in The Bihar Irrigation and Flood Protection, (Betterment Contribution) Rules, 1961

13.

(i)When the State Government has reasons to believe that any of the circumstances mentioned in Section 12 does exist, it shall direct the Collector to get an early enquiry made into the conditions obtaining in the area assessed to betterment contribution and the extent of the failure of crops therein or of the fall in the price of agricultural produce.
(ii)When the crops are seriously damaged on account of drought, flood, tempest, hailstorm or any other irresistible force or when the agricultural industry has received a set-back on account of serious fall in the price of agricultural produce, the enquiry shall be made by an officer not below the rank of a Sub-Deputy Collector.
(iii)When the land being water-logged or due to some other cause has become unculturable the enquiry shall be made by an officer of the Agriculture Department not below the rank of a Sub-divisional Agriculture Officer.
(iv)When the crops are seriously damaged on account of the failure of the irrigation work or of the flood-protection work or the land has for some reason or the other ceased to receive irrigation from the irrigation work or to be benefited from the flood protection work, the enquiry shall be made by an officer of the Irrigation Department not below the rank of an Assistant Engineer.
(v)On receipt of the Enquiring Officer's report and after such test thereof as may be considered necessary, the Collector shall, if he is satisfied that any condition justifying the suspension or remission of betterment contribution does exist, submit his proposal for suspension or remission of the whole or part of the betterment contribution to the State Government through the Commissioner, for orders.
(vi)Remission shall not ordinarily be granted unless the land has become permanently unculturable or it has permanently ceased to receive irrigation from the irrigation work or to be benefited from the flood-protection work.
(vii)In all cases of suspension under these Rules subsequent collection of the suspended instalment shall be made without interest.
(viii)When the betterment contribution or any part thereof is remitted under any of the conditions prescribed in the Act, an assessee who has paid the betterment contribution in a lump sum shall be entitled to the refund of the whole of it, if the whole has been remitted or to such part thereof as has been remitted in the manner indicated in Rule 12(i) and (ii).