- [Section 28] - (1) The Irrigation Officer shall classify the irrigation works under his charge according to the principles laid down in Rule 18 and fix the compulsory basic water-rate to be levied in respect of each individual work according to the classification arrived at. The amount of compulsory basic water-rate payable by each owner or occupier for his lands within, the irrigable command shall, thereafter, be calculated keeping in view the principles laid down in Rules 41 to 44.(2)The Irrigation Officer shall prepare a preliminary assessment toll of the compulsory basic water-rate for the lands in each village in respect of each irrigation work in Form 'M'.(3)A notice of preliminary assessment shall be served on each person liable to pay compulsory basic water-rate in respect of land or lands held by him in each village in Form 'N' specifying the date by which the objections to the proposed assessment, if any, may be preferred.(4)On the expiry of the period specified in the notice under Sub-rule (3), the Irrigation Officer shall consider the objections, if any, received by him during such period and may make such enquiry as he may think fit.(5)Any modification made by the Irrigation Officer in the list of preliminary assessment shall be initialled and dated by him. The list of preliminary assessment thus modified shall be final assessment list of compulsory basic water-rate of the village which shall be payable by the assessee.(6)As soon as an objection filed against the preliminary assessment within the period specified in the notice issued under Sub-rule (3) has been disposed of, or, where no objection has been filed, as soon as the period specified for filing objection has elapsed, the Irrigation Officer shall cause a notice of demand of the amount of compulsory basic rate finally assessed under Section 28 to be served as nearly as possible in Form 'O' on every person liable to pay the same. If any objection has been preferred by any person in response to the notice of the preliminary assessment in Form 'N' served under Sub-rule (3), substance of the Irrigation Officer's decision on such objection shall be noted in remarks column of the notice of demand in Form 'O'.(7)Any person seeking any exemption or grant of concession in respect of compulsory basic water-rate or water-rates as admissible, under Rules 41, 42, 43 and 44 shall apply in writing to the Irrigation Officer within 30 days from the date of cause of action giving full particulars of the land and the relief wanted. In case the grant of concession for land already getting water from an existing private, source, the particulars of such irrigation source and the water-rate per acre, if any, paid for use of water shall also be mentioned in the application. The Irrigation Officer shall make or cause to be made such summary enquiry as he considers necessary and pass orders on the application ; provided that due opportunity shall be afforded to the applicant and other persons interested for being heard before passing final orders.
