The Punjab Betterment Charges and Acreage Rates Act, 1952

(1) This Act may be called the Punjab Betterment Charges and Acreage Rates Act, 1952. (2) It shall extend to the territories which immediately before the 1st November, 1956, were comprised in the States of Punjab and Patiala and East Punjab States Union. (3) It shall come into force at once.

In this Act, unless the context otherwise requires,— (a) "acreage rates" means the charges levied under section 6 on lands included in an irrigation scheme; (b) "betterment charges" means the charges levied under section 4 on lands included in an irrigation scheme; (c) "canal" includes— (i) all parts of river, stream, lake or any collection of water or natural drainage channel to which the provisions of Part II of the Northern India Canal and Drainage Act, 1873 (VIII of 1873), may apply; (ii) all canals, channels, reservoirs, wells, tube-wells and lift irrigation arrangements constructed, maintained or controlled by the Government; (iii) all watercourses, that is to say, all channels which are supplied with water from a canal but which are not maintained at the cost of the Government, and all subsidiary works belonging to any such canal; (d) "investment" means the total expenditure incurred on the scheme or of any extension thereof or of any enlargement of capacity as a result thereof, with the interest thereon, the cost of maintenance and operation during the period in which the said liability has to be discharged; (e) "Government" means the Central Government; (f) "irrigation scheme" means any such scheme as is referred to in section 3; (g) "landowner" has the meaning assigned to it in the Punjab Land Revenue Act, 1887 (XVII of 1887), and includes Government; (h) "prescribed" means prescribed by rules made under this Act; (i) the expressions "land", "tenant" and "occupancy tenant" have the meanings respectively assigned to them in the Punjab Tenancy Act, 1887 (XVI of 1887); (j) the expressions "Canal Officer" and "Divisional Canal Officer" have the meanings respectively assigned to them in the Northern India Canal and Drainage Act, 1873 (VIII of 1873); (jj) "matured area" means the area included in the irrigation scheme for which water is supplied and is subject to payment of water rates under section 36 of the Northern Indian Canal and Drainage Act, 1873 (Act No. VIII of 1873) during any harvest.

Where any scheme of irrigation after the 15th day of August, 1947, is designed for any of the following purposes, namely— (i) the irrigation of lands from any newly constructed canal, (ii) the extension of irrigation of lands situated within the approved irrigation limits of an existing canal, (iii) the improvement of irrigation supply or capacity factors or water allowances to lands already irrigated, (iv) the provision for or the improvement of drainage or any reservoir, dam or embankment constructed, maintained or controlled by the Government for the supply or storage of water; the Government may proceed to levy betterment charges in respect of the lands which are included or are likely to be included in the irrigation scheme by notifying in the official Gazette a copy of which shall be posted at a conspicuous place in the village affected and in such other manner as may be prescribed its intention so to do and shall specify in such notification such particulars respecting the proposed levy as it may think necessary, including particulars respecting the type and extent of irrigation proposed: Provided that no betterment charges shall be levied in relation to an irrigation scheme where the charges ordinarily leviable under other laws for the time being in force are sufficient to cover the cost of the scheme: Provided further that the amount of the betterment charges recoverable from any scheme will be limited to the difference between the investment on the scheme and such part of it as may make it productive. Explanation I.— "Capacity factor" means the ratio of the mean supply to the authorised full supply discharge of a channel, and "mean supply" for a period connotes the sum of the daily supply in cusecs divided by the number of days during that period. Explanation II.— "Water allowance" means the designed number of cusecs of outlet or distributary capacity per thousand acres of land included in an irrigation scheme. Explanation III.— "Cusecs" is the unit of discharges and means the rate of flow of one cubic foot of water per second.

(1) At any time after the expiry of one year from the date of the publication of the Notification referred to in section 3 the Government may cause a schedule of betterment charges to be prepared for all lands or class of lands included in an irrigation scheme showing the rates at which the charges shall be leviable on the lands and payable by the landowners and occupancy tenants thereof and the proportions in which the charges shall be so payable. (2) In preparing a schedule under sub-section (1) for the levy of betterment charges in respect of any irrigation scheme regard shall be had to the following, namely— (a) the type of irrigation; (b) the improvement in irrigation; (c) the extent of betterment accruing to the lands. (3) A draft of the schedule prepared under sub-section (1) shall be published in the official Gazette, a copy of which shall be posted at some conspicuous place in the area affected and in such other manner as may be prescribed. (4) Any landowner or occupancy tenant who may be affected by the proposed betterment charges may, within sixty days from the date of the publication of the schedule in the official Gazette, or from the date of its publication in the village, whichever is later, present a petition in writing to the Government stating his objections, if any, to the levy of the betterment charges or the rate thereof. (5) After considering the objections and after making such further inquiry into the matter as the Government may think fit, the Government shall determine the final schedule of betterment charges and cause the same to be published in the official Gazette, and in such other manner as may be prescribed.

(1) The amount of the betterment charges leviable in respect of any lands included in an irrigation scheme shall not exceed one-half of the difference between the value of the lands with reference to such date prior to the commencement of any work in connection with the irrigation scheme as the Government may, by Notification in the official Gazette, fix in this behalf and their estimated value with reference to such other date after such commencement as the Government may similarly fix, and such valuations shall be made in the prescribed manner. (2) Where in an irrigation scheme only lift irrigation arrangements are maintained and operated by the landowners or occupancy tenants, the betterment charges leviable shall not exceed one-half of the charges which would otherwise have been payable for gravity flow irrigation: Provided that whenever such lift irrigation arrangements are converted into gravity flow irrigation, the landowners or occupancy tenants, as the case may be, shall be liable to pay the full betterment charges in respect of the lands.

(1) Notwithstanding anything to the contrary contained in this Act and subject to the provisions of sub-section (2), every person liable to pay betterment charges under this Act shall, with effect from the Kharif harvest of the agricultural year 1958-59, be liable to pay to the Government advance payment of betterment charges in respect of his matured area at each harvest at such rate not exceeding twenty-five rupees per acre of such area as the Government may by notification direct: Provided that the Government may fix different rates for different matured areas. (2) The liability to make advance payment of betterment charges shall cease from the date on which the schedule of betterment charges has been published in the official Gazette. (3) The amount of betterment charges which a person is liable to pay under this Act shall be realised from him after deducting therefrom the amount of advance payment of betterment charges paid by him. (4) If the amount of advance payment of betterment charges is found to be in excess of the amount of betterment charges the excess shall be refunded by the Government to the person from whom it was realised. (5) The amount of advance payment of betterment charges shall be realised, and deduction or refund thereof as referred to in sub-sections (3) and (4) shall be made in such manner as may be prescribed.

(1) Where in respect of any lands included in an irrigation scheme expenditure has been, or is likely to be incurred by the Government in the execution of any one or more of the following works or in undertaking any one or more of the following measures, namely— (a) rectangulation, sub-rectangulation or killabandi (that is to say, sub-division of land into one-acre fields), (b) level, topographical or soil surveys, (c) construction of watercourses, (d) construction of village roads and works appertaining thereto, the Government may, for the purpose of recouping or meeting such expenditure, cause a schedule of acreage rates to be prepared showing the rates at which the rates shall be leviable on the lands, and the manner in which and the persons by whom they shall be payable. (2) A draft of the schedule prepared under sub-section (1) shall be published in the official Gazette, a copy of which shall be posted at some conspicuous place in the area affected and in such other manner as may be prescribed. (3) Any landowner or occupancy tenant who may be affected by the proposed acreage rates may, within sixty days from the date of the publication of the schedule in the official Gazette, present a petition in writing to the Government stating his objections, if any, to the levy of the acreage rates or the incidence thereof. (4) After considering the objections and after making such further inquiry into the matter as the Government may think fit, the Government shall determine the final schedule of acreage rates and cause the same to be published in the official Gazette and in such other manner as may be prescribed.

The betterment charges and the acreage rates leviable under the final schedules as published under sub-section (5) of section 4 and sub-section (4) of section 6 shall be final and no court shall call in question the schedules so published or the levy or rates of such charges or the determination by the Government of the increase in value of lands for the purpose of levying betterment charges.

(1) As soon as the final schedule of betterment charges or acreage rates has been published, the Divisional Canal Officer shall cause a notice of demand to be served on each person liable to pay such charges or rates, stating the amount due from him and the time within which it is payable. (2) Any person served with such notice may, within thirty days of the service of the notice, present a petition to the Divisional Canal Officer objecting to the demand or any part thereof, and the petition shall be disposed of in such manner and orders passed thereon shall be subject to such appeals as may be prescribed. (3) Any amount due under a notice of demand shall, subject to such orders that may be passed on appeal under sub-section (2), be payable within such time as may be prescribed.

(1) The betterment charges and the acreage rates may be paid in one or more instalments as may be prescribed; provided that where the betterment charges or acreage rates are paid in instalments interest shall be payable in respect of such instalments at such rate as may be prescribed and such interest shall be recoverable in the same manner as the betterment charges or acreage rates. (2) Notwithstanding anything contained in this section, the Government may, subject to such conditions as may be prescribed, allow a landowner to relinquish any part of his land in favour of the Government in satisfaction of the betterment charges payable in respect thereof.

(1) Notwithstanding anything contained in this Act, pending the publication of final schedules under section 4, any landowner may, if he so chooses, make an advance payment of betterment charges leviable under this Act in such lump sum as the Government may by notification direct and where a landowner exercises his choice to do so he shall not be liable to pay advance payment of betterment charges under section 5A, and if he has already paid any amount under section 5A, the advance payment payable under this section shall be reduced to that extent. (2) The provisions of sub-sections (3), (4) and (5) of section 5A, shall, as far as may be, apply to the payment made under sub-section (1).

Where there has been a failure of crops in any area, the Government may, notwithstanding anything to the contrary contained in this Act or the rules made thereunder, postpone the recovery of any such charge or rates, whether wholly or in part, for such period as it thinks fit.

The betterment charges and acreage rates shall be recoverable from the landowner and occupancy tenant concerned in such proportions as may be prescribed: Provided that in making any such apportionment between the landowner and the occupancy tenant of any land due regard shall be had to the division of produce or capital values between such person in respect of that land: Provided further that where there are more landowners than one they shall be jointly and severally liable for the portion recoverable from the landowners and similarly where there are more occupancy tenants than one they shall be jointly and severally liable for the portion recoverable from the occupancy tenants.

Any sums lawfully due under this Act by way of betterment charges, advance payment of betterment charges or acreage rates shall take priority over all other charges in respect of the land except land revenue and shall be recoverable as an arrear of land revenue, and shall be deemed to that extent to be a charge on the land.

The betterment charges, advance payment of betterment charges and acreage rates payable under this Act in respect of any land shall not affect any other rates or charges leviable under any other law for the time being in force.

No civil Court shall have jurisdiction in respect of any matter relating to anything done or to be done under this Act.

No claim shall lie against the Government for compensation or for the refund of betterment charges or acreage rates on account of loss occasioned by the failure or stoppage of water in a canal or by any cause beyond the control of the Government or by any repairs, alterations or additions made to the canal by the Divisional Canal Officer or by any measures taken by him for regulating the proper flow of water therein or for maintaining the established course of irrigation in cases where the Divisional Canal Officer considers such action to be necessary.

No suit, prosecution or other legal proceeding shall lie against any person in respect of anything done or intended to be done in good faith under this Act or the rules made thereunder.

(1) A Divisional Canal Officer or a Revenue Officer of the rank of a Deputy Commissioner or Assistant Collector, may summon any person whose attendance he considers necessary for the purpose of any business before him under this Act. (2) Any person so summoned shall be bound to appear at the time and place mentioned in the summons, in person or, if the summons so allows, by his recognised agent or a legal practitioner.

If a person required by a summons, notice, order or proclamation proceedings from a summoning officer to attend at a certain time and place within the limits of the estate in which he resides, or in which he holds or cultivates land, fails to comply with such requisition, he shall be liable at the discretion of the summoning officer to a fine which may extend to fifty rupees, which, if not paid in cash, shall be recoverable as arrears of land revenue.

(1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :— (a) the manner in which notices under this Act, or the schedules of betterment charges and acreage rates shall be published; (b) the manner in which valuation may be made of any lands for the purpose of sub-section (1) of section 5 and for determining their increase in value; (c) the manner in which rates of betterment charges shall be calculated with reference to any lands or class of lands in an irrigation scheme; (cc) the manner in which advance payment of betterment charges shall be realised and the amount thereof deducted or refunded; (d) the form in which demand statements may be prepared under sub-section (1) of section 8 and the procedure for preparing the same; (e) the form in which notices of demand may be prepared under this Act and the manner of their service; (f) the time within which objections may be preferred from notices of demand under sub-section (2) of section 8, the procedure for the determination of such objections and the authorities to whom and the manner in which and the conditions subject to which appeals may be preferred therefrom; (g) the time within which betterment charges and acreage rates shall be payable after the notice of demand and the manner in which such charge or rates may be realised; (h) the conditions subject to which any sum due under this Act may be paid in instalments and the rate of interest for the payment of such sums in instalments; (i) the conditions subject to which any landowner may be allowed to relinquish any part of his land in favour of the Government in satisfaction of betterment charges due from him; (j) the manner in which betterment charges and acreage rates shall be apportioned between landowners and occupancy tenants; (k) the manner in which and the conditions subject to which any officer shall exercise his powers under this Act; (l) any other matter requiring to be prescribed under this Act.

The Punjab Betterment Charges and Acreage Rates Act, 1952 (President's Act No. III of 1952), is hereby repealed, but notwithstanding such repeal, any action taken in the exercise of any powers under or under the repealed Act shall be deemed to have been done or taken in exercise of the powers under this Act so far as consistent with this Act. The Pepsu Betterment Charges and Acreage Rates Act, 1954 (Pepsu Act No. 10 of 1954), is hereby repealed; but notwithstanding such repeal, nothing shall affect any liability, privilege or obligation incurred or any punishment committed against the above Act so repealed; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed: Provided further that anything done or action taken under the Pepsu Act shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.