Betterment charges leviable

(1) The State Government shall be entitled to levy a betterment charge on every land under the irrigable command in accordance with the provisions of this Act. The lands under irrigable command shall be divided into suitable classes by the Government and the annual increase in the gross produce of each class of lands shall be estimated: Provided that all lands which according to the principle of classification adopted in settlements, are of the same class and which judged by their commandability are so situated as to derive the same amount of benefit from the scheme shall be placed in the same class: Provided further that the estimate shall be made with reference to the average of the prices prevailing during the three agricultural years immediately preceding the agricultural year in which water is first supplied for irrigation in a block under estimation. (2) Ten 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 lands; and the betterment charges payable in respect of such class of lands shall be one-half of the difference between the said increase in the capital value and the cost estimated in the prescribed manner of making the lands fit for advantageous irrigation under the scheme: Provided that in the case of lands which were originally under dry cultivation and which with a view to derive benefit from the scheme were brought under wet cultivation, a sum representing the difference between the cost of wet cultivation and the cost of dry cultivation as determined in the prescribed manner shall be deducted from the increase in gross produce for the purpose of calculating the increase in capital value of those lands. Explanation— For the purpose of this Act the cost of wet cultivation shall be deemed to include the water rate. (3) As and when any block in the irrigable command is brought under irrigation, the State Government shall direct the Collector of Betterment Charges to determine the betterment charges in respect of each class of lands in the block. (4) The Collector of Betterment Charges after due enquiry in the prescribed manner shall publish his proposals in regard to the betterment charges proposed for the various classes of lands in the prescribed manner and shall consider in the manner prescribed the suggestions and objections received within the time allowed, and finally publish his award on the rate of betterment charges leviable on each class of lands in the block of lands under irrigable command in the prescribed manner. The Collector shall while proceeding under this sub-section be assisted by an Agricultural expert to be nominated by the State Government. (5) An appeal shall lie to the prescribed authority in the prescribed manner and within a prescribed time from the award of the Collector of Betterment Charges under sub-section (4). The decision in such appeal shall be notified in the prescribed manner. (6) The award with respect to betterment charges notified under sub-section (4) shall, subject to the right of appeal provided in sub-section (5), be final and shall be binding on all persons having interest in the lands and shall not be questioned in a court of law.