In addition to any rules for which provision is made in this Chapter, rules may be made under this Act.a) Prescribing the periods and the crops for which Irrigation agreement may be made; (b) 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
(c) regulating the procedure of canal officer in Carrying out their duties under this Chapte Section-58 A,C] M. P. Irrigation Act, 1631 [35 1 [Chapter- VI-A Betterment Contribution 2 [58-A. Definition of" new canal" and "commanded area”. - For the purposes of this Chapter –
(a) The expression II new canal" means
(i) A canal, the construction of which has been under taken on or after the 1st April, 1951; or
(ii) Such existing 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 rupees or more or which has an irrigable capacity of one thousand acres or more; 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 under gravity and without the need of lifting or pumping the water; Provided that in relation to a new canal provided 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 comprised In the commanded area.
1. Chapter inserted vide M P. Irrigation (Amendment) Act) 1960 (No. 23 of 1960).
Section-58] M. P. Irrigation Act, 1631 [36 3 [58-B. Deleted.
4 [58-C. Levy of betterment contribution.- (1) 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 contribution at the following rates
(a) Rs. 140/- per acre, payable in one lump sum; or
(b) Rs. 224/- per acre payable consecutively for twenty years, excluding the years in which recovery there may be postponed by the State Government in accordance with section 58-I, as under: (i) Rs. 8/- per acre per year for the first five years; (ii) Rs. 12 per acre per year for the next fourteen, years; (iii) Rs. 16 per acre for the twentieth year.
(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 installments, the first installment being payable within two months from the date appointed under sub-section (1) and the subsequent annual' instilments being payable within one month from the dale on which they would fall due for payment in each subsequent Years; Provided that if the permanent holder who has undertaken to pay the betterment contribution In annual installment desires, at any time after the payment of the first or subsequent
3. 4. section 58.A & 58.C substituted and section 58-B deleted vide :M.P. Irrigation (Amendment) Act, 1968 (No. 13 of 1968). Betterment contribution shall be levied from lst Jany 19R3 vide Irrigation Deptt. Notification No. F/2917B/78! MM/39 dated 31-3-83.
Section-58] M. P. Irrigation Act, 1631 [37 Installment, to make payment. In one lump sum, he shall be required to pay Per acre in full the amount equal to the difference between Rs.1401 together with interest thereon calculated at the rate of 4.5 percent per annum for the period from the date appointed under subsection (1) till the date of such payment in lump sum and the amount already paid by him by way of such Installments.
(3) Any Installment of betterment contribution or part thereof which remains unpaid On the expiry of the period under sub-section (2) shall with effect from the date on which such period expires, carry interest all the rate of 6 percent per annum. Provided that when the recovery of any installments is postponed under section 58-I, such installments shall not be deemed to be remaining unpaid for the purpose of this sub-section during which the recovery thereof remains postponed.
(4) If 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 such 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 Specified in the notification, Subject to such terms and conditions 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 hardship, if
(i) as a result of new canal, the price of land situated in a commanded area has not risen by more than fifty per centum over the prices prevailing prior to availability of Irrigation facilities from such canal;
Section-58 D] M. P. Irrigation Act, 1631 [38
(ii) The permanent holder who having already constructed Private irrigation Work, prior to the commencement of the new canal, On his land does not desire to avail of the irrigation facilities from such new canal.
1 [58-D. Notification of command area by State Government. - Before appointing the date 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 boundaries thereof;
(ii) Appointing the place or places at which the particulars of holding of permanent holders whose lands are situated in the commanded area Specified in clause (i) can be seen;
(iii) Appointing a Revenue Officer not below the rank of a Sub- Divisional Officer (hereinafter referred to as the Authorized Officer) who shall enquire into and determine the amount of betterment Contribution payable by each permanent holder; and
(iv) Specifying a date not less than three months from the date of the Publication of such notification and requiring every permanent holder in the said area who objects to the inclusion of any land within the commanded area or to the correctness of any particulars regarding his holding to present to the Authorized Officer a written objection on or before such date, stating the nature of his objection and the relief sought by him.
1. Section 58-D substituted vide section 4 of M.P. Irrigation (Amendment) Act, 1968 (No.
13 of 1968).
Section-58 E,H] M. P. Irrigation Act, 1631 [39 1 [58-E. Proclamation by Authorized Officer. - The Authorized Officer shall, as Soon as may be, after the Issue of the noti1ication, 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 commanded area specified in the notification issued under section 58-D. Such notice shall also state the time and place at which the Authorized Officer shall enquire into the objections preferred under section 58-D.
2 [58-F. Inquiry by Authorized Officer. - The Authorized Officer shall, at the place stated in the notice under section 58-E, make such enquiry into the objections preferred under section 58-0 as may appear necessary and after giving an opportunity of being heard to the permanent holder preferring an objection. pass such orders thereon as he may think fit.
3 [58-G. Powers of Authorized Officer.- For the purposes of section 58-F, the Authorized Officer shall exercise the powers conferred on revenue Officer of his grade and follow the procedure laid down, for the purpose in the Madhya Pradesh Land Revenue Code, 1959 (No, 20 of 1959), and the rules made there under, 4 [58-H. Determination of Betterment contribution payable by holders.- (1) After the objections, if any. preferred under section 58-0 have been disposed of, the Authorized Officer shall make an order specifying 1-4. Section 58-e. 58-f. 58-G and 58-h substituted vide M. P. Irrigation (Amendment) Act.
1968 (No. 13 of 1968).
Section-58] M. P. Irrigation Act, 1631 [40
(a) The lands (with Khasra Nos. and area) commanded by the new canal;
(b) The betterment contribution payable by each permanent holder in respect of the land specified under (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.
1 [58-H.H. Appeal- An appeal shall lie against every order passed under section 58.H to the authority competent to the Madhya Pradesh Land Revenue Code, 1959 (No.20 of 1959), from and officer of the same grade under the said Code and the provisions of sub-section (2) of the said section shall thereon apply accordingly;
Provided that no appeal shall be entertained unless
(i) In the case of first appeal, it is flied within 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.
1. Section 58-H.B inserted vides M. P. Irrigation (Amendment) Act, 1968 (No. 13 of 1968 Section-58-H,K] M. P. Irrigation Act, 1631 [41 58-H.H.H. Finality of Award.-Subject to the orders passed In appeals under section 58-H.H. the order made under section 58.Hshall be final.
58-1. Suspension of payment of installment. - 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, notwithstanding anything to the contrary contained In this Chapter or rules made there under postpone for such period as it thanks fit the recovery of any installment of betterment contribution.
58-J. Betterment Contribution to be recoverable as arrears of land revenue. - (1) The betterment contribution under this chapter shall be payable to the Revenue Officers in the same manner as land revenue and in default of payment, it shall be recoverable 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.
58-K. Power to make Rules. - Rules may be made for the Purpose of carrying out the purposes of this chapter but in the absence of any rules so made the rules framed under Section 63 shall, so for as may apply in this behalf.
Section-58-L,M] M. P. Irrigation Act, 1631 [42 Chapter-VI-B Irrigation Cess 58-L. Levy of Irrigation cess- In addition to the water rates or other charges Or levy leviable under the provisions of this Act, there shall be levied in respect of land under irrigable command of a canal, a cess called the irrigation cess at such rate and for such period as may be fixed by the State Government by notification:
Provided that having regard to the Potentiality of perennial or seasonal Supply of water from a canal different rate may be fixed for different canals.
(2) The irrigation cess shall be payable by every Permanent 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. This Chapter has- been added vide, section B of M. P. Irrigation (Amendment) Act, 1973 (No. 42 of 1973).
Section-59,62] M. P. Irrigation Act, 1631 [43 Chapter VII Collection of Canal Revenue