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State of Bihar - Section

Section 17 in Bihar Lift Irrigation Rules, 1978

17.

(1)If the Sub-divisional Lift Irrigation Officer is satisfied that a person has used lift irrigation in an unauthorised manner or wasted it so as in either case to become liable to be charged at the penal rate as specified in Rule 16 such. Lift Irrigation Officer shall, as soon as possible, hold or cause to be held a local enquiry and shall obtain and record the evidence of the Lambardar and the villagers and other persons concerned. He shall, if possible, give previous notice in writing to the persons affected by the enquiry of the date on which the enquiry is likely to be held.
(2)If after such enquiry the Sub-divisional Lift Irrigation Officer considers that penal rate should be assessed in accordance with Rule 16, he shall forward the whole record of the enquiry with his opinion thereon to the Divisional Lift Irrigation Officer for orders.
(3)The Divisional Lift Irrigation Officer may, after recording in writing his reasons for so doing, order that the rate shall be assessed in accordance with Rule 16 and shall return the record to the Sub-divisional Lift Irrigation Officer for completion of the assessment.
(4)Each person assessed shall then be served personally or by registered post with a Parcha showing the amount charged against him.
(5)Any person so assessed may, within thirty days of the date on which he receives the Parcha or within such further period as may be allowed by the Divisional Lift Irrigation Officer, file an objection to the assessment.
(6)The Lift Irrigation Deputy Collector or Revenue Officer shall after the expiry of the period for filing objections and after a decision has been given on any such objection proceed to recover the sums assessed the payment of which shall then be immediately due.