Section 8 in The Bihar Irrigation and Flood Protection, (Betterment Contribution) Rules, 1961
8. Objections under Section 6 of the Act.
- A petition of objection shall be filed in Form E and it shall be stamped in accordance with the law in force relating to court-fees.(2)All such objections shall be entered in a register maintained for the purpose and on receipt of any objection, the Collector shall give a notice in writing to the objector of the time and place at which his objection will be investigated to enable him to adduce such evidence as he may like in support of his petition.(3)At the time and place so fixed, the Collector shall hear the objection,in the presence of the objector or his authorised agent if he appears, and may, for reasonable cause, adjourn the investigation.(4)If the petition objecting to the levy is for apportionment of betterment contribution among the different owners of the land, the Collector shall cause a notice in writing to be served on each of the owners among whom apportionment is to be made to show cause, if any, on the date fixed by him or on any date to which the hearing may be adjourned why the betterment contribution shall not be apportioned among the different owners of the land with due regard to their respective rights thereof.(5)(i)After considering the evidence adduced by objector and, if the objection is for apportionment of the betterment contribution among the different owners of the land, hearing such of the owners as may oppose the appointment and considering the evidence adduced in this behalf and after such further enquiry, if any, as he may consider necessary, the Collector shall pass, for reasons to be recorded by him, such orders on the objection as he may deem fit.(ii)In apportioning betterment contribution between an under-raiyat paying for the land held by him rent in kind and a kayimi raiyat the same ratio shall be adopted as is adopted in dividing the produce, i.e., the under-raiyat shall be made to pay 13/ 20th of the contribution and the kayimi raiyat 7/20th of it.(iii)In case where the interest in the land or part thereof is transferred on or before the service of the notice of demand under Section 5, the betterment contribution in respect of the land or part of land shall be realisable from the person or persons in possession thereof.(iv)Whenever the interest in the land or a part thereof is transferred subsequent to the payment of the first instalment and before the payment of the last instalment of the betterment contribution, the outstanding instalment or instalments shall be recoverable from the assessee.(v)The orders passed by the Collector shall be recorded in the register mentioned in sub-rule (2) and if necessary, an amendment made in the assessment list in accordance with the result of the objection.(vi)All notices and processes issued in connection with the hearing of objections shall be served in the manner prescribed for the service of the notice of demand under Rule 7.
