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The Tanks Improvement Act, 1939 (Bengal Act).

( ACT NO. XV OF 1939 )

Payment and rate of fees
17. (1) Every person whose name is included in the list referred to in sub-section (1) of section 16B or his successor-in-interest shall pay annually and in the prescribed manner and on the dates prescribed to the authorised person the fees fixed according to the provisions of this section.
 
 
(2) If the fees payable under sub-section (1) are not paid within fifteen days from the due date fixed for such payment, interest on the amount of the fees so outstanding shall be payable at the rate of 1[fifteen] per centum per annum calculated from the date on which such payment became due until the date on which the amount of the fees so outstanding is paid or recovered, as the case may be.
 
 
 
 
(3) Such Revenue Authority as may be appointed by the Government in this behalf shall fix, in respect of any tank of which possession is taken under this Act and for which the maximum irrigation area has been determined by the Collector, the rate or rates at which fees to be paid to the authorised person under sub-section (1) shall be calculated and different rates may be so fixed for classes of agricultural lands of different descriptions or having different advantages.
 
 
 
 
(4) The rate to be fixed under sub-section (3) for any class of agricultural land shall be such that-
 
 
 
 
(a) all costs incurred or likely to be incurred-
 
 
 
 
(i) by the authorised person in carrying out the required improvements in the tank, and
 
 
 
 
(ii) by the Collector in carrying out the purposes of this Act in respect of the tank,
 
 
 
 
will be recovered together with interest thereon at the rate of 2[fifteen] per centum per annum within such period as is determined by the Collector under section 8 as the period for which the authorised person is entitled to remain in possession of the said tank, and
 
 
 
 
(b) the rate of fees payable in respect of any land for the irrigation of which any person had, at the time when possession was taken of the tank under this Act, no right to use the water of the tank exceeds by fifty per centum the rate of fees payable in respect of the land for the irrigation of which a person had such a right.
 
 
(5) The Revenue Authority appointed under sub-section (3) may revise the rate or rates of fees fixed under this section in respect of any tank.
 
 
 
 
(6) Any sum due to the authorised person under this section shall be recoverable as a public demand.]

  • 1
    The word “fifteen” was substituted for the words “six and one quarter” by section 4 of the Tanks Improvement (Amendment) Ordinance, 1986 (Ordinance No. III of 1986)
  • 2
    The word “fifteen” was substituted for the words “six and one quarter” by section 4 of the Tanks Improvement (Amendment) Ordinance, 1986 (Ordinance No. III of 1986)
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