(1) After a scheme has come into (force under sub-section'
(1) of section 44, the State Govt. shall appointawater Committee to execute thescheme, subject to the SuperintendenCe, direction and control of the Canal Ofiicer appointed by the State Govt. for the purpOSe.
(2) The water Committee shall consist of five persons 0; as may be prescribed, appointed from amongst the owners and occupiers of lands included in- the scheme.
. (3) The member or the members may be appointed by the State Government or any oflicer-th'ereof duly empowered by it in that behalf.
(4) The members of the Committee shall ordinarily hold office for a period of two years from the date of their appointment.
(5) The members of the Committee shall hold oflice at the pleasure of the State Government and the State Government may terminate the appointment of all or any of the members of the Committee at any time by an order in writing in that behalf.
(6) The water committee may meet from time to time, and may follow such procedure as it deems fit for the transaction of its business. _
(7) the water Committee shall :—-
(a) manage the irrigation wprk and ensure proper diStribution of water to the lands included In the scheme;
(b) decide the crops to be grown during any period or periods according to the provision of the scheme;
(0 carry out day to day maintenance and ,repairs of the irrigation work; . 4 ,
(d) maintain the irrigation system of' the irrigation work beyond the outlet in a fit condition for supply of water;
assist the canal Ofl‘icer—~(e)
(i) to detecting and preventing encroachment in the irrigation work and on the lands appertaining theretu;
21 . (6) The applicant may resubmit the proposal to the/ Board V after removing the defects or objectionable features and such application shall“ be disposed of by the Board under sub-section (3) as if -it were a fresh application. ‘
(7) If in course of execution of any work after obtaining the permission of the Board, the applicant desires to make any substantial alteration in the approved plan, a fresh application shall be made to the Board as if the modified plan constituted a fresh proposal and, pending the disposal of such fresh application by the Board under , sub—section (3), the construction work shall be suspended by the applicant. ,
(8) Any person feeling aggrieved by an orderissued by the Board under sub-section (3) sanctioning any proposal subject to conditions or rejecting it, may, Within three months of the date of the order of the Board, prefer an appeal to the State Government whose order in the matter shall be final.
(9) If any person constructs or re-constructs any structure or lays out any means of access Without obtaining the permission of the Board, or where permission of the Board has been obtained, makes in course of execution of the work any Substantial deviation from the approved plan, the Board may, without prejudice to any other proceedings which may be taken againsthim, have the structure removed or the means of access closed and recover from him the expenditure involved, together with 13% departmental charges, in accordance with the procedure prescribed under Section 23 in so far as that-procedure is applicable.
('10) The Poard shall be the sole judge of what constitutes substantial deviation from the approved plan for purposes of subsection (9}i a - . . v . . .
31. (1) Where after the issue of a notification under sub-section (2) of Section 29 it appears to the Board that the planned development of the notified area can be Secured only: by-acquiring tand in that area,-it may, with the prior consent of the State Government, acquire the entire area or such part of it as may be considered necessary, either'by direct negotiation With the owner or failing such negotiation, by resort to the provisions of the Land Acquisition Act, 1894.
(2) Such area as may be acquired under sub-section (1) shall be properly !aid out by the Board, the necessary improvements eflected ‘and sites assigned sold or leased to the public for a specified period net exceeding, 99 years, for construction according to approved pians.
a Planning Board to acquire land for planned development, where necessary.
Planning Board to decide on levy of betterment tax with the consent of State Government who shall determine the rate at levy.
CemDutation cf betterment nine.
CHAPTER—VIII LEVY OF BETTERMENT TAX
32. (1) Where a Board is of the opinion that the value of land in any area in its charge is likely to increase as aresuit of the development at public expense of any area adjoining a highway, it may, With the previous consent of the State Government, decide to ievy abetterment tax in respect of such area:
Provided that where in pursuance of Section 31 the Board has acquired any area and has had it properly laid out and sold or leased to the public, no betterment tax shall be levied in respect of such area.
(2) The State Government, when approached by the Board under sub—section (1) for its consent to the levy of betterment tax in any area, shall while giving such consent determine the percentage rate, not exceeding 80% ot' the betterment value, at which the tax Shall be levied in such area and communicate the same to the Board.
(3) Where it is decided to levy abetterment tax in respect of any area, the Board shall cause the decision to be notified in the official gazette and sha1l also seCure further publicity to the notification in the manner prescribed under sub—section (4) of Section 11.
(4) The notification shall speCify :—
(a) the exact area in which the betterment tax is to be IeVEed,
(b) the date on which the prevailing land value shah be deemed to be the basic value for purposes ofcommuting betterment, and
(c) the percentage rate of betterment value at which betterment tax shall be levied, as determined by the State Government under sub-sectinn (2).
(5) When the development or improtemeet of the area adjoining the highway has been completed or, in the opinion of the Board, has reached a stage sufficiently advanced to enable the resulting betterment to be determined, the Board shall notify in the ofliciai gazette the date on which the execution of: the scheme has been~ completed or shall be deemed to have been completed, and shall also cause further publicity to such notification in the manner prescribed under sub—section {4) of Section 11.
33. (1) For land which has already been built upon or on which permission to build has already been accorded before the date notified under sub-section (5) of Section 32, betterment value shall be the value on that date less the basic value as computed with reference to the date notified under sub-seetion (4) of that Section less, the estimated cost of improvement work, if any, carried out by the owner between the two dates.
2.3 ‘ .(2)For land which on the date notified under rsub—section (5)of Section 32 has neither .been built upon nor in respect of Whichpermission to build has been accorded before that date, the bettermentvalue shall be the value on the date when permission to build isgranted less the basic value as computed With reference to the_ date notified under sub-section (4) of Section 32, less the estimatedValue ofimprovement,if any, carried out by the owner between thetwo latter dates.
34. (1) The Board shah, at any time after a month of the publi-cation of the notification under sub-seCtion (5) of Section 32 assess theamount of betterment tax payable by every individual owner ofland, andshall serve anotice on him in writing in the prescribed manner,"”‘S‘pecir’ying the amount of the tax payable by him, the details of calculation,the instalments if any .in which payment may be made, the dateor dates on or before which payment of the full amount or of theinstalments shall b made, and the authority to whom payment shallbe tendered.
(2) Any person on whom a notice for payment of bettermenttax has been served under sub~seetion (1), may Within one monthfrom the date of service of such notice, file an objection before theBoard in respect of the assessment made against him. Provided thatthe Board shall have discretion to entertain objections even afterthe expiry of the period of one month if it is satisfied that thefailure to file such objections in time was due to causes beyond thecontrol of the objector.
(3) After an opportunity has been given to the objector ofbeing'heard in person or through pleader the Board may confirm, modifyor cancel_ the assessment made under sub-section (1).
(4) Any person aggrieved by the order i55ued by the Board undersub-section (3) may, within two months from the date of such order,appeal to the appropriate Civil Court.
(5) If any person on whom a notice has been served undersub-section (1), fails to fiie any objection under sub-section (2), theassessment shall be conclusive and shall not be questioned in anycourt of law.
35. (1) The person liable to pay a betterment tax may, it hasoption, instead of making either a lump-sum payment or paymentby inStaltnents where allowed by the Board, execute an agreementwith the Board or any other authority Specially authorised by the StateGovernment in this behah’, to 1eave the said liability outstanding asa charge on his interest in the tand Subject to the pavement in perpe-tuity of interest at the rate of 6% per annum. ‘
(2) A person who has exercised his option under sub—Section(1) may at any time after giving six months notice of his intentionso to do, redeem the Charge of paying the assessed amount ofbetterment tax 01‘ such part of it as may have been outstandingagainst him at the time he executed the agreement under sub-section (1).
36. A£r§ar5’ of betterment tax shalt be realised in the mannerprovided for the recovery of arrears of land revenue.
Assessment of Betterment tax.
Betterment tax may at option of the owner of land he made a charge on his interest in the land- Arrears of betterment tax to be recovered as arrears of land revenue.
Appropriation of the ?toceeds of betterment tax.
Prevention of cover structure of view or distraction of attention ofpersons using any . _ highway.
24 37' The proceeds of the betterment tax, levied in any area, shall after deduction of the assessment and collection charges, be made over ‘by the Board to the Provincial Government may direct.-
PART IV MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS
CHAPTER—IX -.
SUPPLEMENTAL PROVISIONS TO SECURE SAFETY OF TRAFFIC AND PREVENTION OF DAMAGE TO HIGHWAY
38. (1) Where a highway authority is of opinion that it is necessary for the prevention of danger arising from obstruction of the view or distraction of the attention of persons using any highway, especially at any bend or corner of the highway, it may serve a notice upon the owner or occupier of land along side or at the bend or corner of such highway to alter or remove altogether,within such time and in such a manner as may be specified in the notice, the height or character of any existing wall, (not being a wall forming part of a permanent structure), fence, hedge, tree, advertistement post, bill board or any other object thereon, so as to eliminate er minimise the apprehended danger.
(2) If any person upon whom a notice has been sentd tinder sub-section (1), objects to comply with any requixement or such notice, he may, within 14 days of its receipt send to thehigiway authority his objection in writing stating the grounds themo‘.
(3) The highway authority shall, within 14 days of the receipt of the objection consider the grounds advanced and shall, by order in writing,either Withdraw the notice or amend or confirm it.
(4) If a person is aggrieved by an order issued by a highway authority under sub—section (3), he may prefer an appeal within 7 days of the date of such Order to the collector or Chief Revenue Ofiicer of the district, whose decision in the matter shall be final.
(,5) If any person falls to Comply with the notice served on him under snb-section (1) as amended or confirmed as the case may be under suh-seetion (3) or (4), the highway authority may take action ‘ to alter or remove the object causing obstruction or distraction 0t? view‘at ‘its own expense, and such expenditure together with 15% departmental charges, shall he recovered from such persen in accordance With the provisions of Section 23,‘ without'prejudice to any other action which may be taken against him.
25
(c) benefitted. by the eonstruetign, expansion improvement or alteration of an irrigation work which .is not capable of irrigating mere than forty hectares of land. ' 1
(2) As soon as may be, after the publication of notification under sub-section (2) of section 52 in reSpect of any irrigation work, the betterment levy Officer shall prepare a statement showing the lands under irrigable command of the irrigation work in reSpeCt of which the betterment contribution in accordance With the‘ provisions of the notification .to be issued under suh-section (1) of section 53.
(3) The statement so prepared along with a public notiee Shall be published in the village and the office of the sub-deputy collector concerned and in such other manner as may be prescribed. and such notice mull require the ewners of lands under the cultural commanded area of the irrigation work to appear. before the Betterment Levy Oflicet either personally or by agent at a time and place therein mentioned, such.
time not being earlier than one month from the date of publication of the notice, and to state 2——
(a) to the inclusion of lands in the statement as lands under the irgigable cpmmand of the irrigation work ;,
(b) to the inclusion of the Iangis in the‘ statement as lands of any specifiggt nature and extent of irrigabiiity ; and
(c) in respect of payment of betterment contribution, the basis 9;; which they claim that the. amount 9f betterment contribiition‘ has to be computed. and such statement. shall be made in writing and signed by the party or, his agent. '
(4) The Betterment Levy Ofiicer shall also serve notiee to the same effect on the' owner: of such l-‘ancf or his' agent authorised to receive service on his behalf, who resides within the revenue diist’rict inwhieh the land'vis situated and in case any ownef'resrides elsewhere and has not such agent, the notiee shall- be sent to him by registered post.
(5) On the date fixed under sub-section (3) or on such other date to which an inquiry may be adjourned, the Betterment Levy Officer shin“: after holding an inquiry inthemanner prescnibed and: after giving.
an Opportunity 03% being; heard to every person; who has made a‘s’tate— ment under sub-section (3), make as order specifying—
(13); the;amo,unt of: betterment contribution: payable in. respect of ’ the saixztlandsu and V
(b). the date: from which such betterment contribution shall be:
Rayable. '
(6) The State Government or any person aggrievedby an order made under sub—section (5) may, within sixty days from the date of the order, appeal, to. the; prescribed authenty and the anthoritymay pass. . i V such other; onthe appeal.» as it»: may» deem; fit.
M (7) An order passed by the prescribed authority" on an appealfpreeferred to it uhder siibesecti-onm) ‘ andsubjeet to the orders 9f thej authority the' ordef-of"the-‘Betterm‘eht: Levy O&iccr‘under‘sub-‘seeuontfifi shall be final.
Notice of demand for payment of betterment levy.
Method of payment of contribution.
Payment by occupiers.
Protection liabiliiy for damages 26
(8) At the end of every four years from the year in -which thebetterment ,contribution is finally determined under sub—section (1) anyfuture instalment of such contribution shall be liable to be revised onthe same basis as provided in that subsection.
(9) If, in the' opinion of the State Govt. the enforcement of allor any of the provisions of this chapter will cause hardship in any caseor cases, the Government may,’by notification setting out the groundtherefore, exempt either permanently or for Specified period such caseor cases from all or any of the provisions of this chapter, subject tosuch conditions, if any, as the Government may deem fit to impOSe.
54. The contribution shall become payable under this chapter on-a written notice of demand- thereof issue by the Betterment Levy Officerbeing served on the oWner;
Provided that no notice of demand shall be served on an owneruntil an order made under sub-section (5) of section 53 becomes final ;
Provided further that Where, before the commencement of this Act,five years or more have elapsed from the date of completion of theconstruction, expansion, improvement or alternation of the work suchnotice may be served at any time after such commencement: