Chapter X BETTERMENT CONTRIBUTION

Where the Government are of opinion that

it is necessary to levy a betterment contribution, they may levy betterment contribution in accordance with the provisions of this Chapter from the owner of any land which, in their opinion, is benefited by any major irrigation work constructed or completed after the commencement of this Act and of any land benefited by an irrigation work declared to be a major irrigation work under the provisions of this Act, whether constructed before or after such commencement.

Explanation:—A land shall be deemed to be benefited notwithstanding that the benefit is not enjoyed, provided such non-enjoyment is not due to any fault on the part of the Government.

1. (1) An officer authorised by the Government in that behalf may, after previous publication of the proposals in the Gazette or in such other manner as may be prescribed, divide the lands benefited by any major irrigation work into suitable classes and estimate the annual increase in the gross produce of each class of such land: Provided that all lands which are of the same class and which, judged by their commandability, are so situated as to derive the same amount of benefit from the work shall be placed in the same classes.
2. (2) The annual increase in the gross produce shall be estimated with reference to the average of the prices prevailing during the five years immediately preceding the date of making such estimate.
3. (3) Twenty times the annual increase in the gross produce estimated under sub- section (1) shall be deemed to be the increase in the capital value of each class of land, and one fourth of the sum by which the said increase in the capital value exceeds the cost estimated in the manner prescribed for making such class of land fit for advantageous irrigation under the major irrigation work shall be the betterment contribution payable in respect of that class of land. Explanation.—The cost of making each class of land fit for advantageous irrigation shall include the cost of converting dry land into wet land.
4. (4) The Government may, by order published in the Gazette, specify the rate of betterment contribution payable per hectare in respect of each class of land determined under sub-section (3).
5. (5) The Government may, on their own motion or on application by an owner of land aggrieved by an order under sub-section (4), revise the rate of betterment contribution in respect of any land specified in the said order: Provided that no order increasing the rate of betterment contribution shall be made without giving the person affected thereby an opportunity of being heard.

1. (1) The betterment contribution payable under section 46 in respect of any land shall be paid by the owner of that land in twenty equal annual instalments to such authority, within such time and in such manner as may be prescribed, on a notice of demand issued by that authority: Provided that no such notice shall be served until the expiry of two years from the date on which the land is provided with irrigation facilities.
2. (2) The owner of any land in respect of which betterment contribution is payable shall be entitled to a rebate of 40%, provided the entire amount of the betterment contribution is paid by him within a period of one year from the date on which he becomes liable to pay the same.

Where there has been

a failure of crops in any area, the Government may, notwithstanding anything contained in this Chapter or the rules made thereunder, by order, postpone or cancel

the payment of all instalments of the betterment contribution for such period as may be specified in the order.