Recovery of the cost and of fees.

(1) The State Government shall- (a) meet in the first instance the cost of the measure referred to in clause (a), (b), or (c) of section 2; (b) determine the amount of such cost after the execution of the said measures. (1-A) In the cases referred to in clauses (a) and (b) of section 2, the State Government shall be entitled to recover in a lump-sum the amount determined under clause (b) of sub-section (1) from the landholder or other person who by any law or custom is bound to keep the irrigation work in repair. (1-B) In the case referred to in clause (c) of section 2, the State Government shall be entitled to recover in a lump-sum from the landholder on whose land the new irrigation work has been constructed- (i) if the irrigation work is intended to serve exclusively lands situated in the estate, the cost of the measure as determined under clause (b) of sub-section (1); (ii) if the irrigation work is intended to serve partly lands situated in such estate and partly lands in ryotwari tracts, such proportion of the cost of the measure as determined under clause (b) of sub-section (1) as the extent of the lands in the estate served by the irrigation work bears to the total extent of the lands served by the work: Provided that the amount recoverable under this sub-section shall not exceed the value capitalized at four per cent of the average net additional annual income estimated by the State Government as likely to be derived by the landholder as a result of the construction of the irrigation work. (1-C) (a) On the expiry of five fasli years after the completion of the irrigation work, the State Government shall determine the value capitalized at four per cent of the actual amount of the average net additional annual income derived by the landholder as a result of the construction of the irrigation work during the said fasli years. (b) If the value determined under clause (a) exceeds the amount recovered from the landholder under sub-section(1-B), the difference shall be recovered from him and if such value is less than the amount recovered from him, the difference shall be refunded to him. (1-D) The irrigation work referred to in clause (ii) of sub-section (1-B) shall be maintained by the landholder and the cost of maintenance shall be shared between the landholder and the State Government in the proportion in which the cost of the work has been shared. (2) In the cases referred to in clauses (b) and (c) of section 2, where the person liable under sub-section (1-A) or sub-section (1-B) to pay the cost of the measures is the landholder of an estate as defined in the Tamil Nadu Estates Land Act, 1908, he shall be entitled to apply under clause (ii) of section 30 of the said Act for an enhancement of the rent payable by the ryots benefited by such measures. Explanation.-It shall not be open to any ryot to refuse a supply or an improved supply of water which may result from the measures aforesaid. (2-A) In the case referred to in clause (c) of section 2, the State Government shall be entitled to- (a) fix the area to be irrigated from such work in the estate and in ryotwari tracts, if any; and (b) charge fees for the water supplied from the irrigation work to the lands situated in ryotwari tracts, if any, at such rates as they deem fit and recover the fees from such persons, at such times and on such terms and conditions as may be specified in accordance with the rules made under this Act. (3) In the cases referred to in clauses (c) and (d) of section 2, the State Government shall be entitled to charge fees for the water supplied by them at such rates as they deem fit, and the fees so charged shall be recovered from such persons, at such times and on such terms and conditions as may be specified in accordance with rules made under this Act.