(1) With the prcvwus sanction of the State Govern ment the Superintending Engineer may at any time cancel any irrigation agreement ; and in such case the measure of damages in i<espect of any land under agreement shall be double the amount of the canal revenue which would have been payable in respect of such land for the remainder of the period of the agreement.
(2) Rules may be made under this Act regulating the distribution among permanent holders and occupiers of the damages payable by the Government, and regulatiing the procedure of canal officers in making such disrribution.
(3) \Vhen damages have been distributed and paid or tendered in accordance with the provisions of this section and the rules made thereundet, no suit shall lie in a civil court contesting the validity of the cancellation or making any claim whatsoever against the Government by reasons of such cancellation.
58. In addition to any rules for ·which provision 1s made 111 this Chapter, rules may be made under this Act-
(a) prescribing the period5 and the crops for v,·hich irrigation agreements may be made ;
(c) prescribing the forms of irrigation agreements, and providing for the inclusion therein of incidents and conditions in addition to but consistent with those contained in this Act ; and regulating the procedure of canal officer in carry ing out their duties under this Chapter, 1 by A. 0. 1937, for "Government".
85 Cancellation of agree ment by mnt:nll consent.
Cancellation of agree ment for failure to main tain water-courses.
General Power to cancel agre.emen ts.
Power to n,ake rules.
86 THE MADHYA PRADE':J-I IRRIGATION ACT, 1931 1[CHPATER VI-A BETTERMENT CONTRIBUTION Definitions of"new canal" [58-A. For the purposes of this Chapter and "ccirEnanC.ed arean Levy of bet' erment cont.
ribution.
(a) the expression "new ~anal" meansa canal, the construction of which has been un der taken on or after the Ist April, 1951; or such exi~ting canal, the improvement or extension of which has been undertaken on or after the said date ;
and the cost of construction or improvement or extension, as the case may be, where of is 5 lakhs of rupec3 or more or ·which has an irrigable capa city of one thousand acres or moer; and which has been notified as a new canal by the State Government;
(b) "commanded area" in relation to a new canal means the area comprising of all land which may be irrigated from that canal by the flow of water un der gravity and without the need of lifting or pump ing the water:
[58-B.
Provided that in relation to a nevv canal pro vided by improving or extending an existing canal, the area which was being irrigated already by such existing canal shall be deemed not to have been com prised in the commanded area.]\ * * * *]3 [58-C.,(l) As from such date as the State Government may, by notification, appoint, such date being not earlier than three years • from the commencement of the operation of a new canal, there shall be levied on every permanent holder of land, whose land is situated within the commanded area, betterment con tribution at the following rates--
(a) ( .. ·, Ul;
Rs. 140 per acre, payable m one lump sum; or Rs. 224 per acre payable consecutivelv for twentv years, excluding the years in which r~covery ther~ of may be postponed by the State Goverment in accordance vv'ith section 58-I, as under :- Rs. 8 per acre per year for the first five years;
Rs. 12 per acre per year for the nc,;t fourteen years ;
Rs. 16 per acre for the twentieth years1 J. lns. by M. P. Act 7 of 1956, S. 2.
2. Subs. by M. P. Act 13 of 1968, S. 2.
3. Omitted by S. 3, ih;ci_ THE MADHYA PRADESH IRRIGATION ACT, 1931
(2) The betterment contribution levied under sub-section
(1) may, at the option of the permanent holder, be paid by him in one lump sum within three months from the date appointed under sub-section ( 1) or in twenty annual instalments, the first instalment being payable within two months from the date appointed under sub-section (1) and the subsequent annual instalments being payable within one month from the date on which they '.rnuld fall due for payment in each subsequent ,ears :
Provide that if the permanent holder who has under taken to pay the betterment contribution in annual instalment desir es, at any time after the payment of the first or subsequent in stalment, to make payment in one lump sum, he shall be re quired to pay per acre in full the amount equal •o the difference between Rs. 140 together with interest thereon calculated at the rate of 4~ per cent per annum for the period from the date appointed under sub-section (1) till the date of such payment in lump sum and the amount already paid by him by way of such instalments.
(3) Any instalment of betterment contribution or part thereof which remains unpaid on the expiry of the period un der sub-ection (2), shall, with effect from the date on which such period expires, carry interest at the rate of six per centum:
Provided that when the recovery of any instalment is post poned under section 58-I, such instalments shall not be deemed to be remaining unpaid for the purpose of this sub-section during which the recovery thereof remains postponed.
( 4) ff the State Government is satisfied that the levy of betterment contribution is likely to cause hardship to any permanent holder or class of such holders in any commanded area, the State Government may, by notification, exempt ,uch holder or such class of holders in such area from payment of the amount of betterment contribution in whole or in part, as may be cpecified in the notification, subject to such terms and ~onditions, if any, as the State Government may deem fit to impose.
Explanation.-For the purposes of sub-section (4), the levy of betterment contribution shall be deemed to cause hard ship if,-
(i) as a result of new canal, the price; of land situate in a commanded area has not risaen by more than fifty per centum over the prices prevailing prior to availability of irrigation facilities from such ne,v canal;
(ii) the permanent holder who having already construct ed private irrigation work. prior to the commen cement of the operation of the new canal, on his land does not desire 1 o avail of the irrigation facilities from such new canal.
87 88 THE MADHYA PRADESH IRRIGATION ACT, 'c931 Notification of commanded area by State Government.
Proclamation by Author ised Officer.
Enquiry by Authorised Officer.
Powers of Authorised Officer.
Determinationof better ment contribution payable by holders.
58-D. Before appointing the dat,~ under sub-section (1) of section 58-C from which betterment contribution shall be levied.
the State Government shall issue a notification- ( i) specifying the commanded area defining the l~ouncl aries thereof;
(ii) appointing the place or places at which the parti culars of holding of permanent holders whose lands are situated in the commanded area speci fied in clause (i) can be seen;
(iii) appointing a Revenue Officer not below the rank of a Sub-Divisional Officer (hereinafter re ferred to as the Authorised Officer ) who shall enquire into and determine the amount of better ment contribution payabic by each permanent hol der; and ( .v) specifying a date not lcs, than three nnnths from the da'.e of the publ"cation of such notiJication and requiring every permanent holder in the; said area who objects to the inclusion of any land w·thin the Comm,lllded area or to the conectness of any particulars regarding his holding to present to the Authorised Officer a written objection on or before such date, stating the nature of his o:Jjection and the relief sought by 1i:m.
58-E. The Authorised Officer shall, as soon as may be, after the issue of the notification, cause to be published in the regional language of the commanded area a notice of the issue of such notification by beat of drum and also by affixing copies of the notice at conspicuous places in all villages in the com manded area specified in the notification issued under section 58-D. Such notice shall also state the time and place at which the · Authorised Officer shall enquire into the objections pre frrred under section 58-D.
58-F. The Authorised Officer shall, at the place stated in the notice under section 58-E, make such enquiry into the ob jections preferred under section 58-D as may appear necessary and after giving an opportunity of being heard to the permanent holder preferring an objection, pass such orders thereun as he may think fit.
58-G. For the purposes of section 58-F, the Authorised Officer shall exercise the powers conferred on a Revenue Officer of his grade and follow the procedure laid down for the pur pose in the Ivfadhya Pradesh Land Revenue Code, 1959(20 of 1959), and the rules made thereunder.
58-H. After the objections, if any, preferred under section 58-D have been disposed of~ the Authorised Officer shall make an order specifying- ( a) the lands (with Khasra Nos. and area )commanded by the new canal ;
THE MADHYA PRADESH IRRIGATION ACT, 1931
(b) the betterment contribution payable by each per manent holder in respect of the land specified un der (a) above.
(2) The order shall be notified in the prescribed manner, and a copy thereof shall be placed for public inspection at such place or places and for such time, as may be prescribed.
89 58-HH. An appeal shall lie against every order passed un- Appeal.
der section 58-H to the authority competent to hear appeals under sub-section ( 1) of section 44 of the Madhya Pradesh Land Revenue Code, 1959 (20 of 1959), from an officer of the same grade under the said Code and the provisions of subsection (2) of the said section shall thereon ap'ply accordingly:
Provided that no appeal shall be entertained unles\>-
(i) in the case of first appeal, it is filed wtihin 60 days from the date of the order appealed against; and ( ii) in the case of second appeal, it is filed within 90 days from the date of the order appealed against:
Provided further that-
(i) in computing the period aforesaid, the time requisite for obtaining a copy of the order appealed against shall be excluded; and
(ii) the provisions of section 5 of the Limitation Act, 1963 (No. 36 of 1963), shall apply to such appeals.
58-HHH. Subject to the orders passed in appeal under section 58-HH, the order made under section 58-H shall be final.]1 58-I. When the total land revenue or rent, as the case may be, payable by the permanent holder in respect of any, land for which he is liable to pay betterment contribution is suspended in any year, the State Government may, not ·withstanding anything to the contrary contained • in this Chapter or rules made thereunder, postpone for such period as it thinks fit the recovery of any instalment of betterment contribution.
[58-J. ( l) The betterment contribution under this Chapt er shall be payable to the Revenue Officers in the same manner as land revenue, and in default of payment, it shall be re coverable as arrears of land revenue.
(2) The amount of betterment contribution realised shall be credited as State revenue under such head as may be prescribed. ] 2 Finality of award.
Suspension of payment of instalment.
Betterment contribution to be rec0verable as arrears of land revem1e.
58-K. Rules may be made for the purpose of carrying out Power to make rules, the purposes of this Chapter but in the absence of any rules so made the rules framed under section 63 shall, so far as may be, apply in this behalf.
1. Subs. by M. P. Act 13 of 1968, S. 4.
2. Subs. by M. P. Act 13 of 1968, S. 5.
90 THE MADHYA PRADESH IRRJGATION ACT, 1931 [CHAPTER-VI-B IRR/GA TION CESS Levy of Irrigation Cess.
Dates of payment of canael revenue· - Definition of arrear.
Mode of recovery of arrears.
Irrigation panchayats.
'58-L. (I) In addition to the water rates or other charges or levy leviable under the provisions of this Act, there shall be le vied in respect of land under irrigable commanded of a canal, a ~ess called the irrigation cess at such rates and for such period as may be fixed by the State Government by notification :
Provided that having regard to the potentiality of per ennial or seasonal supply of water from a canal different rates may be fixed for different canals. · .(2) The irrigation cess shall be payable by every perman ent holder or occupier of land in the irrigable command of the canal.
58~M. Subject to the rules made under this Act, the State Government may, by notification reduce or remit the whole or any' part of the irrigation cess levied under section 58-L.]1
CHAPTER-VII COLLECTION OF CANAL REVENUE