Final order

On the date specified in the notice or on any subsequent date to which he may adjourn the inquiry, the Collector shall hold such inquiry as he thinks fit, and after such inquiry, if any, shall pass a final order confirming, cancelling or modifying the preliminary order, and in the last case, shall cause to be made such modifications in the plans and estimates as he may find necessary: Provided that before modifying the preliminary order to the disadvantage of any party who has not appeared at the inquiry the Collector shall give a reasonable opportunity to such party to appear and show cause why the order should not be modified: Provided further that in cases falling under sub-clause (d) of clause (i) of section 6, the Collector shall specify in the final order the extent to which the landholder's liability devolves on the person or persons concerned under the law, local custom or contract and the proportions, if any, in which each of such persons, if more than one, shall bear such liability. (2) The total cost of carrying out such measures (including the charges on account of establishment and tools and plant at such percentages on the actual cost of the work done as the State Government may from time to time prescribe) shall be divided between the State Government and the landholder or landholders and the other persons concerned, if any, in accordance with the following provisions :- (a) There shall first be determined the aggregate of (i) the total average area in the estate or estates concerned on which, during the three faslis immediately preceding the fasli in which the preliminary order was passed, the State Government have levied water-cess for the use of water issuing from the tank otherwise than through its surplus works, whether at the rate prescribed for the irrigation of dry land with Periyar water or at the rate prescribed for the irrigation of wet land in whole inam and zamindari villages with such water and (ii) the total average area of ryotwari wet lands, if any, held under, and of ryotwari wet and dry lands, if any, irrigated with permission from, such tank during the three faslis aforesaid; (b) Each landholder concerned shall bear such proportion of the said total cost as one half of the average area of the lands in his estate on which during the said three faslis the State Government have levied water-cess for the use of water so issuing at the rate prescribed for the irrigation with Periyar water of wet lands in whole inam and zamindari villages, bears to the aggregate area as determined under clause (a) : (c) The State Government shall bear the balance of the said total cost.