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State of West Bengal - Section

Section 78B in The Calcutta Improvement Act, 1911

78B. [ Assessment of betterment fee by Board] [The heading and Sections 78A to 78C inserted by Ben. Act 8 of 1931.]. - (1) When it appears to the Board that an improvement scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Board shall by a resolution passed in this behalf declare that for the purpose of determining such fee the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to every person on whom a notice in respect of the land to be assessed has been served under clause (t) of sub-section (1) of section 45 that the Board propose to assess the amount of the betterment fee payable in respect of such land under section 78A.

(2)The Board shall then assess the amount of betterment fee payable by each person concerned after giving such person an opportunity to be heard and such person shall within three months from the date of receipt of notice in writing of such assessment from the Board, inform the Board-by a declaration in writing whether he accepts or dissents from the assessment.
(3)When the assessment proposed by the Board is accepted by the person concerned within the' period specified in sub-section (2), such assessment shall be final.
(4)If the person concerned dissents from the assessment made by the Board or fails to given the Board the information required by sub-section (2) within the period specified therein, the matter shall be determined by arbitrators in the manner provided by section 78C.