(i) This Regulation may be called the Pondicherry Irrigation (Levy of Betterment Contribution) Regulation, 1976.
(2) It extends to the whole of the Union territory of Pondicherry.
(3) It shall come into force on such date as the Government may, by notification, appoint.
Short title, extent and commencement.
2. In this Regulation, unless the context otherwise requires,—
(1) "contribution" means the betterment contribution referred to in section 5 or section 6;
Definitions.
(2) "drainage work" includes—
(a) channels, whether natural or artificial, for the discharge of waste or surplus water and all works connected with, or auxiliary to, such channels;
(b) escape channels from an irrigation work;
(17 ) td THE GAZETTE OF INDIA EXTRAORDINARY (Poet l i - te) dams, weirs, embankments, sluices and groynes;
(d) all works for the protection of lands from floods or from erosion, which are owned or controlled by the Government, or which are maintained by it, otherwise than by an assignment of land or land revenue made, confirmed, or recognised by the Government, or which, having been constructed by the Government or being maintained by an assignment of land or land revenue as aforesaid, have not been made over to any person, but does not include any works for the removal of sewage;
(3) "execution", in relation to a notified work, means the construction, expansion, or alteration of the notified work;
(4) "fasli year" means the year commencing on the 1st day of July of a year and ending with the 30th day of June of the next year;
(5) "Government" means the Administrator of the Union territory of Pondicherry appointed by the President under article 239 of the Constitution.
(6) "improved old ayacut", in relation to a notified work, means all lands which are significantly benefited by the execution of the notified work but does not include the ayacut of any existing irrigation or drainage work which has been merely repaired or restored to its original state after decay or injury.
Explanation I.—For the purposes o£ this clause, lands shall be deemed to be significantly benefited by the execution of a notified work if such lands—
(a) having been under single-crop irrigation or double-crop irrigation from a Government source of irrigation before the execution of the notified work, continue to be under such Irrigation and are provided with a more adequate supply or better assured supply of water for irrigation as a result of the execution of the notified work, or
(b) having been liable to non-beneficial submersion or stagnation of water before the execution of the notified work, have been substantially relieved of such submersion or stagnation as a result of the execution of the notified work:
Provided that no land shall be deemed to be significantly benefited if the more adequate supply or better assured supply of water for irrigation referred to in clause (a) of this Explanation or the substantial relief of submersion or stagnation referred to in clause
(b) of this Explanation is as a result of mere repairs or restoration of the existing irrigation work or drainage work to its original state after decay or injury.
Explanation II.—For the purposes of Explanation I, the question whether any land—
(a) Is provided with a more adequate supply or better assured supply of water for irrigation shall be decided with regard to—
(i) the raising of the irrigation source concerned to a higher settlement classification;
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(ii) supply of larger volume of water or supply of water for a longer duration; and (Hi) such other like matters as may be prescribed;
(b) has been substantially relieved of the non-beneficial submersion or stagnation of water shall be decided with regard to—
(i) the improvement of the land on account of the protection from submersion or stagnation or on account of the reduction in the period of submersion or stagnation; and
(ii) such other like matters as may be prescribed.
Explanation III.—A land shall be deemed to be significantly benefited notwithstanding that the benefit is not enjoyed, provided that such non-enjoyment is due solely to action or inaction on the part ofi the person or persons interested in such land;
(7) "irrigation work" includes—
(a) all canals, channels, tanks, wells, reservoirs, ponds, spring ponds and madugues used for the supply or storage of water, and all works, embankments and structures (other than escape channels) connected therewith or auxiliary thereto, which are owned or controlled by the Government, or which are maintained by it, otherwise than by an assignment of land or land revenue made, confirmed or recognised by the Government, or which, having been constructed by the Government or being maintained by an assignment of land or land revenue as aforesaid, have not been made over to any person;
(b) all such lakes and other natural collections of water or parts thereof, as are situated on lands which are the property of Government;
(c) all rivers and natural streams or parts thereof;
(8) "land-holder", in relation to any land, means the person who is in enjoyment of- the said land and who has been benefited by any irrigation work;
(9) "new ayacut", in relation to any notified work, means all landte which are benefited by the execution of the notified work.
Explanation I.—For the purposes of this clause, lands shall be deemed to be benefited by the execution of a notified work, If such lands—
(a) having bean left waste or under unirrigated cultivation before the execution of the notified work, have been brought under irrigation subsequently with water supplied from a Government source of irrigation as a result of the execution of the notified work, or
(b) having been under single-crop irrigation before the execution of the notified work, have been brought under doublecrop irrigation subsequently with water supplied from a Government source of- irrigation as a result of the execution of the notified work.
20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Explanation 11.—A land shall be deemed to be benefited notwithstanding that the benefit is not enjoyed, provided that such nonenjoyment is due solely to action or inaction on the part of the person or persons interested in such land;
(10) "notification" means a notification published in the Official Gazette;
(11) "notified work" means any irrigation work or drainage work, executed on or after the 1st November, 1954 and notified by the Collector in the Official Gazette;
(12) "prescribed" means prescribed by rules made under this Regulation.