Irrigation schemes and notification of proposal to levy betterment charges

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.