1953: pb. Act II.] BETTERMENT CHARGES AND 105 ACREAGE RATES THE PUNJAB BETTERMENT CHARGES AND ACREAGE RATES ACT, 1952 TABLE OF CONTENTS Sections.
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i o o N D YW Short title, extent and commencement Definitions.
Irrigation schemes and notification of ment charges.
proposal to levy better- Procedure for levy of betterment charges.
Amount of betterment charges.
Levy of acreage rates.
Finality of sched ule of betterment charges and acreage rates.
Demand of betterment charges and acreage fates.
Mode of recovery of betterment charges and acreage rates.
Postponement of recovery of betterment charges and acreage rates in certain cases.
Appointment of betterment charges and acreage rates.
Betterment charges and acreage rates to be a charge OD the land.
Betterment charges and acreage rales not to affect any other charges leviable.
Bar to jurisdiction of civil courts.
Indemnity from proceedings.
Indemnity.
Powers of Canal and Reve o attend W of Canal a nue Officers to summon persons.
Penalty for failure t ithin limits of estate in oberad nd Revenue Officers.
dience to orders Power to make rules.
Repeal.
1953 : Pb. Act II.] BETTERMENT CHARGES A ACREAGE RATES = a HE PUNJAB BETTERMEN INT \CREAGE RATES ACT, 1982) PUNJAB ACT NO. If OF 1953 [Received the assent of the Governor of Punj sh Sy 198k wa bles i Punjab Government Gazette (Extraordinary) 0 the 21st January, 1953].
_— | 2 3 4 Year No. Short title Whether affected by later _ ; _ _ _ legislation 1953 1 | The Punjab Betterment Amended j | Charges and Acreage of | an Punjab Act No. 2 Rates Act, 1952 Amended by Punjab Act No. 7 of 1959.2 Amended by Punjab Act No. 34
63.
Amended by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, betterment charges and An Act to provide for the levy of ds in the State of acreage rates on certain lan Punjab.
Si It is hereby enacted as follow d the Punjab Better™
1. (/) This Act may be calle ment Charges and Acreage Rates Act, 1952... , 5((2) It shall extend to the territories which 1mmediately before the Ist November, 1956, were comprised in the States of Punjab and Patiala and Fast Punjab States Union].
(3) Itshalle me into force at oO sen 7 nt Gazette e Punjab Garerane ss Gaeret “TFor Statemen t of Objects and , (Extraordinary ), dated 25th October, 1952, pases 1208-1209 sieth November 1952 Select Committee, see Punja Government Gazette, dated:
re wiative Part V, pages | 35146 ; for proceedigas !n the Assembly, see Punjab Leg Assembly Debates, 1952.
.
-4Bor Statement of Objects and Reasons, see Punjab Government Gazette (Extraordina ry), 1958, Page 453.
Objects and Reason nce.
ov 5, see Punjab Government Gaeetle zette (ext mae Statement of 197 ‘xtraordinary), 1959, age .
‘For Statement 7 Objects and Reasons, see Punjab Government Ga (Extraordinary), 1963, pase 1159. This Act came into force t notification 1958.
‘Substitut Punjab Act No. 12 of onthe 15th eae re o958,—vide Pun er Sevenm No.6136/Irr./W/58 /40640, dated the {5th November, Short title, extent and commences ment.
——_ 7 HS AND [1953 : Ph, 4 STTERMENT CHARGES _AN' - Act 1. 108 BETT ACREAGE RATES Dateien 2. In this Act, unless the context Otherwise re.
miuions, .
quires, —
(a) ‘‘acreage rates’> means the charges le chi levieg under section 6 on lands included in an Irrigation gc heme :
“betterment charges” means the Charges (2) levied under section 4 on lands included in an irrigation scheme ;
(c) “canal” includes—
(i) all parts of river, Stream, lake or a n 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), Vitor tg apply ;
(ii) all canals, channels, Teservoirs, wells, tube- wells and lift iirigation arrangements Con-
(iv) 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 subsi- lary works belonging to any such Ss;
vestment made, the interest thereon, the cos ane { of maintenance and opera- SCheme or of any extensj ereof ensi ther or of an extensj y aston ton as a result thereof, with weet? ‘he period d - id liability has to be discharged = Which the sa 1959 ph. Act IL.] | BETTPRMPNT CraRars ACREAGE RATES ne 109 a ‘ . ss Government means the "(Central G Central Government |;
(¢)
(f) caprigtion scheme” ae me Means | ‘, referred to in section ee such scheme as
(2) “Jandowner has the meaning assi the Punjab Land Revenue AG aeeape to itin 1887) *tand includes Government] : (XVII of iol
(h) “ rescribed”” means yrescri .
under this Act ;
bed by rules made
(i) the expression» dand”,“‘tenant” and ‘“‘occuiave the meanings respectively ancy tenant them in the Punjab Tenancy Act, . a assigned to 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 t, 1873 (VIII of 1873);
yal of
1873.
:
and Drainage c
(ji) “matured included in t subject to payment of section 36 of the Northern Indian Drainage Act, 1873 (Act No. VIII of 1873) during a0Y harvest].
3, Where any schem 0 of A gust, ag?
m tion after the of the following purposes, ‘on of Jands from any ex
(i) the irrigation jected canal > i with-
(ii) the extension of irrigation o f 4 situa ee wistin the approved irrigation un ing canal > e a e 7 p” byt e Punjab 1Substitute d for the wyords “GOV of the Stat dC ycurrent Subjects Reorganisat ion (Chandigar h) (Adaptatio n of Laws Order, 1968.
aAdded by Punjab Act No. 34 of 1963.
y punjab Act 7 of 199 *Clause (jj) inserted b Irrigation sch emes and notificauion of roposal to p levy betterment charges- ) ' 110 RETTERMENT CHARGES AND [1953 ; pp. Ace :
ACREAGE RATES If,
(iii) the improvement of irrigation supply OF cana...
factors or water allowances to lands —Pacity al irrigated ; ready iv) the provision for or the improvement of draj (iv) or any reservoir, dam or embankment Cnet, tructed, maintained or controlled ns- Government for the supply or Storage of fates the Government may proceed to levy betternment ¢ sh respect of the lands which are included or are kee’ be included in the irrigation scheme by Notifying in the official Gazette a copy of which shall be posted at a Cons- picuous place in the village affected and in such other man. ner as may be prescribed its intention so todo 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 onthe 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 design- ed 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 Pet second.
1953 »pb. Act I.) BETTRRMENT CHARGES ANT 111 ACREAGR RATES 4, (/) At any time after the expiry of one from the date of the publication of the Notification referred of hetterment » in section 3 the Government may cause q schedule of “"** petterment charges to be prepared for all lands or class of jands included In an irigation 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.
MONCH Procedure for levy
(2) In preparing a schedule under sub-section (/) for the levy of beiterment charges in respect of any irrigation scheme regard shall be had to the fol owing, namely—
(a) the type of irrigation ;
(6) the improvement in irrigation ;.
(c) the extent of betterment accruing to the lands.
(3) A draft of the schedule prepared under sub-section (J) 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.
yt
112. BETTERMENT CHARGES AND [1953 ; pp, Act fy ACREAGE RATES Amount of bet- S. (/) The amount of the betterment char nt changes £es leviah terme s. , ; 1 char; le : t of any lands included in an irrigation Sch shall not exceed one-half of the difference between t° value of the lands with reference to such date Prior to the commencement of any work in connection with the in rigation scheme as the Government may, by Notificatio in the official Gazette, fix in this behalf and their estimat.
ed value with reference to such other date after Such commencement the Government may similarly fix, and such valuations shall be made in the prescribed manner,
(2) Where in an irrigation scheme only lift irriga- tion arrangements are maintained and operated by the Jandowners or occupancy tenants, the betterment Charges leviable shall not exceed one-half of the charges which would otherwise have been payable for gravity flow irriga- tion :
Provided that whenever such lift irrigation arrange- ments are converted into gravity flow irrigation, the land- Owners or occupancy tenants, as the case may be, shall be 7a to pay the full betterment charges in respect of the nds.
Power to levy “SA. (/) Notwithstanding anything to the contrary afvance payment Contained in this Act and subject to the provisions of Oo ermen realisation SUD-Section (2), every person liable fo pa betterment tye en charges under this Act shall with effect a, the Kharif harvest of the agricultural year 1958-59, be liable to pay to the Government advance payment of betterment charges 1D respect of his matured area at each harvest at such rate not exceeding (wenty-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 liablity to make advance payment of better- ment Charges shall cease f; Tom the date on which the Schedule betterment charges has been published in the official . pb, Act If.] BETTERMENT 1953 ACREAGE RATES ROPES. AND 113 3) The amount of betterment char ' erson 1s liable to ply under this Act hae any from him after deducting therefrom the amou ear ee vance payment of betterment charges paid by him of ad-
(5) If the amount of advance payment of charges 18 found to be in excess of the amoliect ee ment charges the excess shall be refunded by th ment to the person from whom it was realised. eGovent-
(5) The amount of advance payment of b charges shall be realised, and deduction or refund thoreot as referred fo in sub-sections (3) and (4) shall be made in such manner as may be prescribed.]
6. (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 killaband (that is to say, sub-division of land into oneacre fields), | a.
(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 mecting such expenditure, cause a schedule of acreage rate to be prepared showing the rates at which the shall be leviable on the lands, and the manner mM which and the persons by whom they shall be payable.
(2) A draft of the schedule pre ared under sub-section (7) shall be published in the official Gazette, a cop J of which shall be posted at some conspicuons place, in the area affected and in such other manner as may be p!
cribed.
ho may be
(3) Any landowner or occupancy tenan\ tt sixty affected by the propo sed acreage rates may, Levy of acreage rates.
a 114 BETTERMENT CHARGES AND = [1953 ; pp. Act r ACREAGE RATES of ication of the Schedule - m the date of the publica ion of Schedule j, = boa Gazette, present @ 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 shal] determine the final schedule of acreage rates and cause the same to be pub- lished in the official Gazette and in such other manner as may be prescribed, Finality of schedule 7. The betterment charges and the acrea ; 8€ rates chagesand leviable under the final schedules as published under sub. sua rates. 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, 4 petition to the Divisional i €puty Collector objecting - to the mand or any Part thereof, and the petition shall be dis- Posed of in such manner and orders assed thereon shall be subject to such appeals as May be prestites |
(3) Any amount due under a not; hotice of demand shall me f° yO ders that may be passed on appeal under Prescribed. (2), be Payable within Such time as may be (1953 § ph, Act Il BETBRMENT C , ACREAGE RATES HARGES AND 1f5
9. (1) The betterment c -® ; | harges and the acreage rat age rates Mode of = reenhe paid in one or mor may P Lore instalments as may b f ' Le ( Cc , vy o hetter- Pros pr ducgn rates, werwane provided that where the betterment char rates are paid in instalments interest she larges or acreage respec! of such instalments at such on be payable in cribed and such interest shall be recove as may be presmanner as the betterment charges or preted 1a the same acreage rates.
2) Notwithstanding anythi | ng contai ths tion, the Gove a a subject Oo auch condit 8 a6 ribed, allow a landowner to relinquish any may 7 pres art of his jJand in favour of th :
he G . ;
faction of the betterment charges ouvable i in’ Satisthereof.
yable in respect ug-A. (1), Notwithstanding anythi | ined in this Ae pending the ine cation of ‘inal , any landowner ma make an advance .
betterment charges leviable ander eects pane sum as the Government may by notification direct and whete 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 5A, the advance payment payable under this under section section shall be reduced to that extent.
conta schedules under if he so Chooses,
(2) The provisions of sub-sections (3), (4) and (5) of section 5A, shall, as far as may be, apply to th: payment made under sub-section (/).].
f crops in ANY Postponems betterre has been a failure 0 1 1 hi recovery of withstand ing anything to oe 1 OF 0g and s made there- acreage rates."
certain cases.
nt of
10. Where the area, the Government may, not the contrary contained in {his Act or the rule under, postpon ‘od as it thinks fit, the recoholly or in part.
efor such perio very of any such charge or rates, wheter W rales shall Apportion ment of bettermen t
11. The betterment charges and acreage be recoverabl e from the 1a downer and occupancy tenant charges and actso* ‘ ‘ ® ye Tales, concerned in such propo! jons as may be presctl ed : ge T as ee ISection 9-A inserted by punjab Act No: 7 of 1959:
116 RETERMENT CHARGES AND [1953 ACREAGE RATES
Provided that in making any such a Ween the landowner and the : Ph, Act iT PPortionmeny occupancy tenant of t bet:
land due regard shall be had t respect of the division of Produce or Capital values be such person in respect of that land - t
Provided further that Owners than one they shall be for the portion recoverable from the similarly where there are m ler ore occupancy feng one they shall be Jointly and severally liable for the Por- Cupancy tenants.
lon recoverable Betterment charges ; u and acreage rates to 12 Any sums lawfull be a charge on the betterment charges [advance ana. charges] or acre charges payable from the oc ge Tates shall tak O the prevailin Where there are MOre land. jointly and sey y due under this Act payment of € priority €rally Jj landow ay able by way of bettterment Over all othe;
1 Tespect of the land except and shall be dee med to that extent land and Shall be Betterment charges and acreage rates 13. The not to affect any €lerment Charges] and other Charges 41: levieble. this Act in respect of any land Sh rates or charges leviab Bar to jurisdiction 14. No civil Court shall hay of civil courts, of any matter relating to anythi under this Act. , Indemnity from IS. No claim Shall lie Proceedings, compensation or for the ref acreage rates on account of ] Or stoppage of water in a ¢ the control of th anal or b tlons or additions Canal Officer or by any measures ( ing the Proper flow of Water therej established course of irrigation in Sional Canal Officer considers such a oo The words “advance payment of betterment charges" No. 7 of 19§9, » all not affect le under any other | eing in force.
€ jurisdiction j ing done or to be done and revenue fo bea Charge on the Tecoverable as an arrear of land betterment Charges ‘[adv revenue.
ance payment of acreage rates Payable under any other aw for the time N respect against the Government for und of betterment Charges or OSS OCcasioned by the failure Y any cause beyond ¢ Government or by any repairs, altera- made to the canal by the Divisional aken by him for regulatn or for Maintaining the cases where the Diviction to be necessary.
inserted by Punjab Act 1953 : Ph. Act I) perrp RMENT AND ACREAGE CHARGES i RATES 7
16. No suil, prosecution oy Other | ° ' ? * * enal roce ' ’ shall he agaist Any person in respect of anyting ioe meray intended to be done in good faith this F. :
rules made threunder, cl or the =“ . .
m= , al . ; of § Deputy Collector or a Revenue Officer of th Collector, Powers of cana . : ° e ri * and Revenye puty Commissioner or Assist wk of & De- oat, Revenue oy: S. any person whose altendance he Considers Mmon_ person r Byses , necessary fi purpose of any business before him under this Act y for the
(2) Any person so summoned Shall be b : a ound to appear at the time and place mentioned In the Summons, in henson or, if the summons so allows, by his recognised agent or a legal practitioner.
18. Ifa person required bya summons, notice, order or proclamation proceedings from aq Summoning officer to attend at a certain time and pl Penalty for failure pes to attend within ace Within the limits of the limits of estate in ss Obedience to orders esides, or in which he holds of Canal and Reve- or cultivates land, fails to com i isiti iscretion of the summoning officer al extend to fifty rupees, which, if not paid in cash, shall be recoverable as arrears ofland reveaue.
19. (/) The Government may, by notification in the Power to make official Gazette, make rules toc A arry oul the purposes of this ™** cl.
(2) In particular and without prejudice to the genera- lity 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 ;
| 118 BETERMENT CHARGES AND [1953 : Ph. Act ACEREAGE RATES I,
(b) the manner in which valuation may be ma any lands for the purpose of sub-section (i ¥ 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 refurded ;).
(d) the form in which demand statements may be prepared under sub-section (J) 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 t heir SeTvICe ;
(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 authorilies 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 payble after the notice a demand and the manner in which such chargé or rates may be realised;
(h) the conditions subject to which any sum due under this Act may be pe in instalment” an the rate of interest for the payment of suc in instalments;
e f
(i) the conditions subject to which any landow his may be allowed to relinquish any pat oe *Clause (cc) inserted by Punjab Act No. 7 of 1959.
1953:] 1953: Pb. Act II.) = BBTTBRMENT CHARGES AND ACREAGE RATES ?
land to the G overnment i i ment charges due from in eatletaae of better- 9
(j) the manner in whi acreage rates ani ae croned between and rn ee and occupancy tenants; étween lande manner in which and the conditi to which any officer shal ditions subject under this Act ; all exercise his powers any other matter re uiring to b ‘under this Act. are e prescribed
2. {C)). The Punjab Betterment Charges 1952), Acreage Rates Act, 1952 (President’s Act No. III of iS hereby repealed, but | notwithstanding such repeal, on taken in the exercise of any or under the repealed Act sha deemed to have been done or taken 10 exercise of the powers er this Act So far as consistent with the ent Charges and Acreage PSU Betterm The Fe nt J5), 18 hereby repeal Rates Act, 1954 (Pepsu Act No.10 or . “ ation OF liability gt, privilest ander the Act 8° repealed;
punishment incurred re or ) ce committ e d against the BETTERMENT CHARGES [1953 : Ph. Acg Il 120 AND ACREAGE RATES and any such investigation, legal proceedi remedy may be instituted, continued Oren. or and any such penalty, forfeiture or punts ment may be imposed, as if this Act had not been passed :
Provided further that anythin action taken under the MBtiso ee are 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.]