(1) The trust shall not take any action under sections 96, 97, 98, 99, 100, 101, 102, 132, 133, 134, 135, 136, 137, 138 or 139 of the Municipal Act without having previously consulted the municipal committee and obtained its consent, provided that if the said committee does not give consent, the matter in dispute shall forthwith be referred to the 1[State] Government whose decision shall be final.
(2) If the municipal committee deems it necessary that action should be takne within the trust area under sections 96; 97; 98; 99, 100, 101, 102, 132, 133, 134, 135; 136, 137, 138, or 139 of the Municipal Act, it shall make an application to the trust requiring that such action be taken, and the trust shall thereupon comply with the application, or give its reasons in writing for rejecting it, provided that if the application be rejected, the matter shall forthwith be referred to the 2[State] Government whose decision shall be final.
Section 50-A 3 [50-A. Power to levy betterment contribution. - Where by the making of any scheme the value of any property has increased or is likely to increase, the trust shall be entitled to recover from the owner of such property an annual betterment contribution for such term of years and at such uniform percentage of the increase in value not exceeding ten per centum as may, subject to rules, be fixed in the scheme :
Provided that the aggregate amount of the contribution so recovered shall not exceed one-half of the maximum increase in value during the aforesaid term of years as ascertained under this Act.]
Section 50-B 4 [50-B. Principles for calculating betterment contribution. - The betterment contribution shall be in respect of each property according to the following principles:-
(a) its market value on the date of the publication of the notification sanctioning the scheme shall be estimated without reference to the improvements and development contemplated in the scheme;
(b) for each financial year succeeding the year in which the scheme takes effect, its market value on the first day of April of that year shall be ascertained by the chairman;
(c) if, in any financial year, the market value estimated under clause (b) does not exceed that estimated under clause (a), no betterment contribution shall be levied for that year;
(d) if, in any financial year, the estimated market value under clause (b) exceeds that estimated under clause (a), the trust shall levy a betterment 28 The Punjab Town Improvement Act, 1922, Section 50
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3. Sections 50-A, 50-B, 50-C and 50-D, added by Punjab Act 15 of 1952.
4. Sections 50-A, 50-B, 50-C and 50-D, added by Punjab Act 15 of 1952.
contribution on the difference according to the percentage fixed in the scheme :
Provided that in estimating the market value of land under clause (a) or under clause (b), the value of buildings or other works erected or in the course of erection on such land shall not be taken into consideration.]
Section 50-C 1[50-C. Assessment and collection of betterment contribution. - (1) The betterment contribution due on any property shall, subject to the prior claim thereon of the State Government, be a first charge on it and shall be paid by its owner in half-yearly instalments of one-half of the amount fixed for the year.
(2)(a) The State Government may make rules for the assessment and collection of the betterment contribution and subject to such rules and the provisions of sections 74, 81, 84, 85 and 86 of the Punjab Municipal Act, 1911, with such adaptations as are necessary to render these provisions consistent with those of this Act, it shall be assessed and collected in the same manner as if it were a tax imposed by a Municipal Committee in respect of immovable property;
(b) Lands and buildings exempt from municipal or State taxation shall also be exempt from any betterment contribution.]
Section 50-D 2[50-D. Option of any objecting owner to require the trust to acquire his property. - (1) If the owner of any property, separately registered in the assessment books of the trust and assessed to a betterment contribution in any particular year, objects to the amount of such contribution on the ground that the market value estimated under clause (b) of section 50-B is excessive, he shall state the market value which, he contends, is correct, and may, within thirty days of the date on which the determination of his objection or appeal becomes final, by written notice, require the trust to acquire the property together with any buildings or other works that may exist thereon.
(2) The trust shall thereupon either acquire the property or accept the market value as stated by the owner and revise its assessment of the betterment contribution in accordance therewith.
(3) In case the trust elects to acquire the property, the compensation payable therefor shall be determined by the prescribed authority under this Act :
Provided that the compensation payable for the property, apart from the buildings or other works thereon, shall not exceed the market value stated by the owner under sub-section (1).]
Section 51