(1) The contribution shall become payable under this Regulation on a written notice of demand therefor issued by the authorised officer being served on the land-holder:
Provided that no such notice shall be served until the expiry of two years after the date of completion of the execution of the notified work:
Provided further that where, before the commencement of this Regulation, two years or more have elapsed from the date of completion of the execution of the notified work, such notice may be served at any time after such commencement.
(2) For the avoidance of doubt, it is hereby declared that it shall not be necessary to serve notice on any person other than the landholder, who has an interest m the land or on a successor-in-interes* of the land-holder or in respect of any instalment of the contribution.
(3) (a) For the purpose of this section, the execution of a notified work shall be deemed to be completed on the date of cessation of all work connected with its execution or on the date when the notified work is ready to be put in actual operation whichever is later, When contribution becomes payable.
Sfefc. 13 tHfi GAZElTfe o£ INDtA fcXTftAORblNARY 33
(b) The date referred to in clause (a) shall be notified by such authority or officer and in such manner, as may be prescribed.
12. Notwithstanding anything contained in section 10, the Government may allow the owner of the land on which the contribution may be payable to relinquish the whole or any part of the land or to deliver it in exchange in favour of the Government on such condition as may fcc prescribed:
Provided that no such relinquishment or exchange shall be permitted unless the land is free from encumbrances.
Relinquishment or exchange of land in lieu of payment of contribution.
13. If the Government accepts any money from any person for the execution of any notified work and such person becomes liable to pay contribution in respect of any land benefited by such execution, the sum accepted from him shall be credited towards the contribution payable by him.
Rebate in certain cases.
14. Any person having interest in a land may, notwithstanding that he is not the land-holder of such land, pay the contribution payable by the land-holder in respect of such land and shall, if such person pays the entire contribution within a period of two years from the date on which the land-holder becomes liable to pay the contribution, be entitled to a rebate at such rate as may be prescribed.
Payment of contribution by person having Interest In land.
15, Where the land-holder liable to pay contribution under this Regulation is not the owner of the land or is a co-owner of the land, nothing in this Regulation shall be deemed to affect his right to reimbursement from the owner or to recover proportionate part from the co-owner, as the case may be.
Eight of reimbursement in respect of contribution.
16. Where a land-holder whose case is not covered by section 15 and who has paid an instalment of contribution under this Regulation is not the occupier of the land, he shall, in the absence of a contract to the contrary, be entitled to recover the amount of such instalment from the person who is in actual occupation of the land during the year in which the said instalment is payable:
Provided that where such person is a tenant, the land-holder shall be entitled to recover from the tenant the instalment of contribution referred to in this section only if the tenant is liable under any law or custom of the locality to deliver to the land-holder a share of the produce and such share has not been altered subsequent to the completion of the Work by agreement between the parties, and the amount that can be recovered from such a tenant shall bear to the total amount of the instalment the same proportion as the tenants share of the produce bears to the total produce of the land:
Provided further that, where the land-holder has paid the entire contribution with a rebate under the proviso to sub-section (2) of section 10, a twentieth part of the sum actually paid shall be deemed to be the instalment of the contribution payable during every year during which an instalment of the contribution would have been payable, had the entire contribution not been so paid.
Apportionment of contribution.
24 fHfc GAZfeTtfc Of iMOlA EXtRAOKDlNAftV tt»ABT ll-^
17. (I) The contribution payable under this Regulation in respect of any land shall be deemed to be public revenue due upon the said land;
and the land and its products and the buildings (owned and occupied by the land-holder) standing upon the land shall be regarded as the security of the contribution.
(2) When the whole or portion of an instalment of the contribution payable in any year is not paid on the due date, the amount of the instalment or its unpaid portion shall be deemed to be an arrear of land revenue and the provisions of the law, for the time being in force, relating to recovery of land revenue shall apply to the recovery of the said arrear as they apply to the recovery of the land revenue due on the land.
Contribution recoverable as arrears of land revenue.
18. If, in the opinion of the Government, the enforcement of all or any of the provisions of this Regulation will cause hardship to any person or class of persons, the Government may, by notification, setting out the ground therefor, exempt either permanently or for a specified period, such person or class of persons from all or any of the provisions of this Regulation, subject to such conditions, if any, as the Government may deem fit to impose.
Exemption.
19. The Government may, by notification, direct that any power exercisable by it under this Regulation (except the power to grant exemption under section 18 and the power to make rules under section 21) shall, subject to such conditions, if any, as may be specified in the direction, be exercisable also by the Collector or such other authority, as may be specified in the direction.
Delegation of powers.
20. Subject to the provisions of section 13, nothing contained in this Regulation shall be deemed to limit or otherwise affect the power of the Government to recover any money which any land-holder of any land included in the ayacut of any notified work may have agreed before the date of the commencement of this Regulation, or may agree after that date, to pay to the Government as a condition precedent to the execution of any such work.
Regulation deemed not to affect recovery in certain cases.
21. (I) The Government may, by notification, make rules to carry out the purposes of this Regulation and in particular—
(a) for the matters to be prescribed under Explanation II to clause (6) of section 2;
(b) for the manner of classification of dry lands under subsection (2) of section 4;
(c) for the manner of apportioning the net expenditure, and of ascertaining the increase in assessment and the increase in watercess, under sub-section (2) of section 6;
(d) for the procedure to be followed by the authorised officer before the levy of contribution under this Regulation;
(e) for the appointment of the prescribed authority under sub-section (1) of section 9, the form and manner In which, and the time within which, appeals may be preferred and the fees payable in respect thereof and the procedure which may be followed by such prescribed authority;
Power to make rules.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25 (j7) for all matters expressly required or allowed by this Regulation to be prescribed.
(2) Every rule made under this Regulation shall, as soon as possible after it is made, be laid before the Legislative Assembly while it is in session for a total period of fourteen days which, may be comprised in one session or in two successive sessions, and if, before the expiry of the session, in which it isj so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any, such modification or annulment shall bs without prejudice to the validity of anything previously done under that rule.
22. Nothing contained in this Regulation shall apply to the levy, determination, payment or recovery of contribution from the land-holders of lands which are benefited, or are capable of being benefited, by the construction, expansion or alteration of any irrigation or drainage work if provision in that behalf is contained in any other law relating thereto and for the! time being in force.
Saving.
THE SCHEDULE (See section 5) Schedule of rates per hectare Wet Zone CD Rs. P.
Block A 500.00 Block B 450.00 Block C 400.00 New ayacut Intermediary Zone 0) Rs- P.
425.00 375-oo
32S.00 Irrigated dry Zone
(3) Rs. P-
350.00
300.00
260.00 :
Provided that land-holders of lands which were un-irrigated immediately before the execution of the notified work and which are newly assured with the supply of water for two wet crops as a result of the execution of the said notified work shall pay betterment contribution at the1 rate of one hundred and twenty-five rupees per hectare in addition to the rates specified in this Schedule.
FAKHRUDDIN ALI AHMED, President.
K. K. SUNDARAM, Secy, to the Govt. of India.
PRINTED BY THE GENERAL MANAGER. GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1978