Betterment charges to be charged on lands and recoverable as land revenue

(1) Betterment charges in any area, on the lands under irrigable command shall be payable on the 15th day of April of the year next after the one following the Kharif season in which irrigation facilities are first provided for the area from the scheme or two months after the date of the award under section 6 whichever is later. Persons to pay the charges shall pay the same in one lump sum or exercise in the prescribed manner their option of making payments in instalments. (2) The number of such instalments and the manner of payment thereof shall be as follows :— (a) The first two instalments shall each be one-thirtieth of the charges, the balance being payable in fourteen further instalments of one-fifteenth of the charges each. (b) The first instalment shall fall due on the date on which the charges become first payable under sub-section (1) and each subsequent instalment shall become payable each year on the date one year after the due date of payment of the last preceding instalment. (c) No interest shall be chargeable on any arrears of instalment ; but interest at the rate of 4 per cent per annum shall be payable on the due date of payment of any instalment on the balance of the betterment charges remaining unpaid by the said date : Provided that any one or more of such instalments may be paid in advance of the date on which the payment of such instalment falls due together with interest at the rate of per cent per annum on the balance of the charges remaining unpaid by the date of such payment. (3) Any sums lawfully due under this Act by way of betterment charges shall take priority over all other charges payable in respect of the land except land revenue and shall be deemed to that extent to be a charge on the land and shall be recoverable as an arrear of land revenue. (4) Notwithstanding anything contained in this section, the State Government may allow the owner of the land on which betterment charges may be payable to relinquish the whole or any part of the land or deliver in exchange in favour of the State Government on such conditions as may be prescribed by rules : Provided that no such relinquishment or exchange shall be permitted unless the land is free from encumbrances.