MADRAS IRRIGATION (LEVY OF BETTERMENT CONTRIBUTION) AMENDMENT ACT, 1963

Preamble - MADRAS IRRIGATION (LEVY OF BETTERMENT CONTRIBUTION) AMENDMENT ACT, 1963

THE MADRAS IRRIGATION (LEVY OF BETTERMENT CONTRIBUTION) AMENDMENT ACT, 1963

[Act No. 32 of 1963]

[21st February, 1964]

PREAMBLE

An Act further to amend the Madras Irrigation (Levy of Betterment Contribution) Act, 1955.

BE it enacted by the Legislature of the State of Madras in the Fourteenth Year of the Republic of India as follows:--

 

Section 1 - Short title and commencement

(1)     This Act may be called the Madras Irrigation (Levy of Betterment Contribution) Amendment Act, 1963.

 

(2)     It shall come into force on such date as the State Government may, by notification, appoint.

 

Section 2 - Amendment of section 2, Madras Act III of 1955

In section 2 of the Madras Irrigation (Levy of Betterment Contribution) Act, 1955 (Madras Act III of 1955) (hereinafter referred to as the principal Act),--

(i)       in clause (1), for the words and figure " in section 3 ", the words, figures and letters," in sections 4-A and 4-B " shall be substituted;

 

(ii)      after clause (2), the following clause shall be inserted, namely:--

"(2-A) ' execution ' in relation to a notified work means the construction, expansion or alteration of the notified work;";

(iii)     after clause (3), the following clause shall be inserted, namely:--

"(3-A) improved old ayacut' in relation to any notified work means all lands which are significantly benefited by the execution of the notified work but does not include the ayacut of any existing irrigation or drainage work which has been merely repaired or restored to its original state after decay or injury.

Explanation I.-- For the purposes of this clause, lands, shall be deemed to be significantly benefited by the execution of a notified work if such lands--

(a)      having been under single crop irrigation or double crop irrigation from a Government source of irrigation before the execution of the notified work continue to be under such irrigation and are provided with a more adequate supply or better assured supply of water for irrigation as a result of the execution of the notified work, or

 

(b)      having been liable to non-beneficial submersion or stagnation of water before the execution of the notified work, have been substantially relieved of such submersion or stagnation as a result of the execution of the notified work:

Provided that no land shall be deemed to be significantly benefited if the more adequate supply or better assured supply of water for irrigation referred to in clause (a) of this explanation or the substantial relief of submersion or stagnation referred to in clause (b) of this explanation is as a result of mere repairs or restoration of the existing irrigation or drainage work to its original state after decay or injury.

Explanation II.-- For the purposes of Explanation I, the question whether any land--

(1)     is provided with a more adequate supply or better assured supply of water for irrigation shall be decided with regard to?

 

(i)       the raising of the irrigation source concerned to a higher, settlement classification;

 

(ii)      supply of larger volume of water or supply of water for a longer duration; and

 

(iii)     such other like matters as may be prescribed by rules made by the Government in this behalf.

 

(2)     has been substantially relieved of the non-beneficial submersion or stagnation of water shall be decided with regard to?

 

(i)       the improvement of the land on account of the protection from submersion or stagnation or on account of the reduction in the period of submersion or stagnation; and

 

(ii)      such other like matters as may be prescribed by rules made by the Government in this behalf.

Explanation III.-- A land shall be deemed to be significantly benefited notwithstanding that the benefit is not enjoyed, provided that such non-enjoyment is due solely to action or inaction on the part of the person or persons interested in such land;";

(iv)    after clause (5), the following clause shall be inserted, namely:--

"(5-A) 'new ayacut ' in relation to any notified work means all lands which are benefited by the execution of the notified work.

Explanation I.-- For the purposes of this clause, lands shall be deemed to be benefited by the execution of a notified work if such lands--

(a)      having been left waste or under unirrigated cultivation, before the execution of the notified work have been brought under irrigation subsequently with water supplied from a Government source of irrigation as a result of the execution of the notified work, or

 

(b)      having been under single crop irrigation before the execution of the notified work have been brought under double crop irrigation subsequently with water supplied from a Government source of irrigation as a result of the execution of the notified work.

Explanation II.-- A land shall be deemed to be benefited notwithstanding that the benefit is not enjoyed, provided that such non-enjoyment is due solely to action or inaction on the part of the person or persons interested in such land;";

(v)      after clause (6), the following clause shall be inserted, namely:--

" (6-A) ' notified work ' means any irrigation or drainage work executed on or after the 1st January 1947 and notified by the Collector of the district in the District Gazette.";

(vi)    clause (8) shall be omitted.

 

Section 3 - Substitution of new sections for sections 3 and 4, Madras Act III of 1955

For sections 3 and 4 of the principal Act, the following sections shall be substituted, namely:--

"3. New ayacut zones.--

(1)     Any new ayacut in every notified work may be classified into one or more of the following zones, namely:--

 

(i)       wet zone;

 

(ii)      intermediary zone; or

 

(iii)     irrigated dry zone.

 

(2)     A wet zone shall comprise all the lands for which the water supplied as a result of the execution of a notified work will be ordinarily sufficient for one wet crop in a fasli year.

 

(3)     An intermediary zone shall comprise all the lands for which the water supplied as a result of the execution of a notified work will be occasionally sufficient for one wet crop and will be ordinarily sufficient for one irrigated dry crop in a fasli year.

 

(4)     An irrigated dry zone shall comprise all the lands for which the water supplied as a result of the execution of a notified work will be ordinarily sufficient for one irrigated dry crop in a fasli year but not sufficient for one wet crop in any fasli year.

 

Section 4 - Amendment of section 6, Madras Act III of 1955

In section 6 of the principal Act,--

(i)       In sub-section (1),--

(a)      in the first paragraph, for the words " issued by an officer authorized by the Government in this behalf ", the" words ''issued by the authorized officer " shall be substituted:

 

(b)      in the first proviso, for the words " construction, expansion or alteration of the work ", the words '' execution of the notified work " shall be substituted;

 

(c)      in the second proviso,--

 

(1)     for the words " before the commencement of this Act ", the words, brackets and figures " before the commencement of the Madras Irrigation (Levy of Betterment Contribution) Amendment Act, 1963 " shall be substituted;

 

(2)     for the words" construction, expansion or alteration of the work ", the words " execution of the notified work " shall be substituted;

 

(ii)      for sub-section (3), the following sub-section shall be substituted, namely:--

"(3)     (a) for the purposes of this section, the execution of a notified work shall be deemed to be completed on the date of cessation of all work connected with its execution or on the date when the notified work is ready to be put in actual operation, whichever is later.

(b) The dates referred to in clause (a) shall be notified by such authority or officer and in such manner, as may be prescribed. "

 

Section 5 - Amendment of section 7, Madras Act III of 1955

For sub-section (1) of section 7 of the principal Act, the following sub-section shall be substituted, namely:--

" (1) The contribution payable by a landholder shall be paid by him in annual instalments. The annual instalment per acre shall be five rupees or one-twentieth of the total amount of the contribution payable by him, whichever' is higher:

Provided that a landholder shall be entitled to pay within a period of two years from the date on which he becomes liable to pay the contribution the entire amount of contribution with a rebate at such rate as may be prescribed.".

 

Section 6 - Amendment of section 8, Madras Act III of 1955

In section 8 of the principal Act,--

(i)       for the words " construction, expansion or alteration of any work '', the words '' execution of any notified work '' shall be substituted;

 

(ii)      for the words " construction, expansion or alteration ", the word ''execution " shall be substituted.

 

Section 7 - Amendment of section 9, Madras Act III of 1955

In section 9 of the principal Act, for the words " rebate of twenty per cent'', the words '' rebate at such rate as may be prescribed shall be substituted.

 

Section 8 - Amendment of section 13, Madras Act III of 1955

In section 13 of the principal Act,--

(i)       in sub-section (1),--

 

(a)      the words " by notification " shall be omitted;

 

(b)      in clause (a), for the word " Collectors ", the words '' Collectors of the districts " shall be substituted;

(c)      for clause (c), the following clauses shall be substituted, namely:--

'' (c) for the manner of classification of, and the publication of specified particulars of, any zone under section 3;

(cc) the procedure to be followed by the authorized officer before the levy of betterment contribution under this Act;";

(ii)      for sub-section (2), the following sub-sections shall be substituted, namely:--

"(2) All rules made under this Act shall be published in the Fort St. George Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(3) Every rule made under this Act shall, as soon as possible after it is made, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session, in which it is so placed or the next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule shall thereafter, have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment skull be without prejudice to the validity of anything previously done under that rule".

 

Section 9 - Amendment of section 14, Madras Act III of 1955

In section 14 of the principal Act, for the words " alteration of any work ", the words " alteration of any irrigation or drainage work " shall be substituted.

 

Section 10 - Addition of new sections 15, 16 and Schedule in Madras Act III of 1955

After section 14 of the principal Act, the following shall be added, namely:--

"15. Act deemed not to affect recovery in certain cases.--

Subject to the provisions of section 8, nothing contained in this Act shall be deemed to limit or otherwise affect the power of the Government to recover any money which any landholder of any land in the ayacut of any notified work may have agreed before the dace of the commencement of the Madras Irrigation (Levy of Betterment Contribution) Amendment Act, 1963, or may agree after that date, to pay to the Government as a condition precedent to the execution of any such work.

16. Works notified under certain rules

Notwithstanding anything contained in this Act or in the Madras Irrigation (Levy of Betterment Contribution) Amendment Act, 1963, any work specified in the list of works published by the Collector of the district in the District Gazette before the date of the commencement of the Madras Irrigation (Levy of Betterment Contribution; Amendment Act, 1963, under rule 7 of the Madras Irrigation (Levy of Betterment Contribution) Rules, 1956, shall be deemed to be a notified work under this Act as amended by the Madras Irrigation (Levy of Betterment Contribution) Amendment Act, 1963, and the provisions of this Act, as amended by the said Act, shall have effect accordingly.

 

Schedule - SCHEDULE

THE SCHEDULE

(See section 4-A)

Schedule of rates per acre

NEW AYACUT

Provided that landholders of lands which were unirrigated immediately before the execution of the notified work and which are newly assured with the supply of water for two wet crops as a result of the execution of the said notified work shall pay betterment contribution at the rate of fifty rupees per acre in addition to the rates specified in this Schedule ".

 

 

 

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MADRAS IRRIGATION (LEVY OF BETTERMENT CONTRIBUTION) AMENDMENT ACT, 1963

Preamble - MADRAS IRRIGATION (LEVY OF BETTERMENT CONTRIBUTION) AMENDMENT ACT, 1963

THE MADRAS IRRIGATION (LEVY OF BETTERMENT CONTRIBUTION) AMENDMENT ACT, 1963

[Act No. 32 of 1963]

[21st February, 1964]

PREAMBLE

An Act further to amend the Madras Irrigation (Levy of Betterment Contribution) Act, 1955.

BE it enacted by the Legislature of the State of Madras in the Fourteenth Year of the Republic of India as follows:--

 

Section 1 - Short title and commencement

(1)     This Act may be called the Madras Irrigation (Levy of Betterment Contribution) Amendment Act, 1963.

 

(2)     It shall come into force on such date as the State Government may, by notification, appoint.

 

Section 2 - Amendment of section 2, Madras Act III of 1955

In section 2 of the Madras Irrigation (Levy of Betterment Contribution) Act, 1955 (Madras Act III of 1955) (hereinafter referred to as the principal Act),--

(i)       in clause (1), for the words and figure " in section 3 ", the words, figures and letters," in sections 4-A and 4-B " shall be substituted;

 

(ii)      after clause (2), the following clause shall be inserted, namely:--

"(2-A) ' execution ' in relation to a notified work means the construction, expansion or alteration of the notified work;";

(iii)     after clause (3), the following clause shall be inserted, namely:--

"(3-A) improved old ayacut' in relation to any notified work means all lands which are significantly benefited by the execution of the notified work but does not include the ayacut of any existing irrigation or drainage work which has been merely repaired or restored to its original state after decay or injury.

Explanation I.-- For the purposes of this clause, lands, shall be deemed to be significantly benefited by the execution of a notified work if such lands--

(a)      having been under single crop irrigation or double crop irrigation from a Government source of irrigation before the execution of the notified work continue to be under such irrigation and are provided with a more adequate supply or better assured supply of water for irrigation as a result of the execution of the notified work, or

 

(b)      having been liable to non-beneficial submersion or stagnation of water before the execution of the notified work, have been substantially relieved of such submersion or stagnation as a result of the execution of the notified work:

Provided that no land shall be deemed to be significantly benefited if the more adequate supply or better assured supply of water for irrigation referred to in clause (a) of this explanation or the substantial relief of submersion or stagnation referred to in clause (b) of this explanation is as a result of mere repairs or restoration of the existing irrigation or drainage work to its original state after decay or injury.

Explanation II.-- For the purposes of Explanation I, the question whether any land--

(1)     is provided with a more adequate supply or better assured supply of water for irrigation shall be decided with regard to?

 

(i)       the raising of the irrigation source concerned to a higher, settlement classification;

 

(ii)      supply of larger volume of water or supply of water for a longer duration; and

 

(iii)     such other like matters as may be prescribed by rules made by the Government in this behalf.

 

(2)     has been substantially relieved of the non-beneficial submersion or stagnation of water shall be decided with regard to?

 

(i)       the improvement of the land on account of the protection from submersion or stagnation or on account of the reduction in the period of submersion or stagnation; and

 

(ii)      such other like matters as may be prescribed by rules made by the Government in this behalf.

Explanation III.-- A land shall be deemed to be significantly benefited notwithstanding that the benefit is not enjoyed, provided that such non-enjoyment is due solely to action or inaction on the part of the person or persons interested in such land;";

(iv)    after clause (5), the following clause shall be inserted, namely:--

"(5-A) 'new ayacut ' in relation to any notified work means all lands which are benefited by the execution of the notified work.

Explanation I.-- For the purposes of this clause, lands shall be deemed to be benefited by the execution of a notified work if such lands--

(a)      having been left waste or under unirrigated cultivation, before the execution of the notified work have been brought under irrigation subsequently with water supplied from a Government source of irrigation as a result of the execution of the notified work, or

 

(b)      having been under single crop irrigation before the execution of the notified work have been brought under double crop irrigation subsequently with water supplied from a Government source of irrigation as a result of the execution of the notified work.

Explanation II.-- A land shall be deemed to be benefited notwithstanding that the benefit is not enjoyed, provided that such non-enjoyment is due solely to action or inaction on the part of the person or persons interested in such land;";

(v)      after clause (6), the following clause shall be inserted, namely:--

" (6-A) ' notified work ' means any irrigation or drainage work executed on or after the 1st January 1947 and notified by the Collector of the district in the District Gazette.";

(vi)    clause (8) shall be omitted.

 

Section 3 - Substitution of new sections for sections 3 and 4, Madras Act III of 1955

For sections 3 and 4 of the principal Act, the following sections shall be substituted, namely:--

"3. New ayacut zones.--

(1)     Any new ayacut in every notified work may be classified into one or more of the following zones, namely:--

 

(i)       wet zone;

 

(ii)      intermediary zone; or

 

(iii)     irrigated dry zone.

 

(2)     A wet zone shall comprise all the lands for which the water supplied as a result of the execution of a notified work will be ordinarily sufficient for one wet crop in a fasli year.

 

(3)     An intermediary zone shall comprise all the lands for which the water supplied as a result of the execution of a notified work will be occasionally sufficient for one wet crop and will be ordinarily sufficient for one irrigated dry crop in a fasli year.

 

(4)     An irrigated dry zone shall comprise all the lands for which the water supplied as a result of the execution of a notified work will be ordinarily sufficient for one irrigated dry crop in a fasli year but not sufficient for one wet crop in any fasli year.

 

Section 4 - Amendment of section 6, Madras Act III of 1955

In section 6 of the principal Act,--

(i)       In sub-section (1),--

(a)      in the first paragraph, for the words " issued by an officer authorized by the Government in this behalf ", the" words ''issued by the authorized officer " shall be substituted:

 

(b)      in the first proviso, for the words " construction, expansion or alteration of the work ", the words '' execution of the notified work " shall be substituted;

 

(c)      in the second proviso,--

 

(1)     for the words " before the commencement of this Act ", the words, brackets and figures " before the commencement of the Madras Irrigation (Levy of Betterment Contribution) Amendment Act, 1963 " shall be substituted;

 

(2)     for the words" construction, expansion or alteration of the work ", the words " execution of the notified work " shall be substituted;

 

(ii)      for sub-section (3), the following sub-section shall be substituted, namely:--

"(3)     (a) for the purposes of this section, the execution of a notified work shall be deemed to be completed on the date of cessation of all work connected with its execution or on the date when the notified work is ready to be put in actual operation, whichever is later.

(b) The dates referred to in clause (a) shall be notified by such authority or officer and in such manner, as may be prescribed. "

 

Section 5 - Amendment of section 7, Madras Act III of 1955

For sub-section (1) of section 7 of the principal Act, the following sub-section shall be substituted, namely:--

" (1) The contribution payable by a landholder shall be paid by him in annual instalments. The annual instalment per acre shall be five rupees or one-twentieth of the total amount of the contribution payable by him, whichever' is higher:

Provided that a landholder shall be entitled to pay within a period of two years from the date on which he becomes liable to pay the contribution the entire amount of contribution with a rebate at such rate as may be prescribed.".

 

Section 6 - Amendment of section 8, Madras Act III of 1955

In section 8 of the principal Act,--

(i)       for the words " construction, expansion or alteration of any work '', the words '' execution of any notified work '' shall be substituted;

 

(ii)      for the words " construction, expansion or alteration ", the word ''execution " shall be substituted.

 

Section 7 - Amendment of section 9, Madras Act III of 1955

In section 9 of the principal Act, for the words " rebate of twenty per cent'', the words '' rebate at such rate as may be prescribed shall be substituted.

 

Section 8 - Amendment of section 13, Madras Act III of 1955

In section 13 of the principal Act,--

(i)       in sub-section (1),--

 

(a)      the words " by notification " shall be omitted;

 

(b)      in clause (a), for the word " Collectors ", the words '' Collectors of the districts " shall be substituted;

(c)      for clause (c), the following clauses shall be substituted, namely:--

'' (c) for the manner of classification of, and the publication of specified particulars of, any zone under section 3;

(cc) the procedure to be followed by the authorized officer before the levy of betterment contribution under this Act;";

(ii)      for sub-section (2), the following sub-sections shall be substituted, namely:--

"(2) All rules made under this Act shall be published in the Fort St. George Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(3) Every rule made under this Act shall, as soon as possible after it is made, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session, in which it is so placed or the next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule shall thereafter, have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment skull be without prejudice to the validity of anything previously done under that rule".

 

Section 9 - Amendment of section 14, Madras Act III of 1955

In section 14 of the principal Act, for the words " alteration of any work ", the words " alteration of any irrigation or drainage work " shall be substituted.

 

Section 10 - Addition of new sections 15, 16 and Schedule in Madras Act III of 1955

After section 14 of the principal Act, the following shall be added, namely:--

"15. Act deemed not to affect recovery in certain cases.--

Subject to the provisions of section 8, nothing contained in this Act shall be deemed to limit or otherwise affect the power of the Government to recover any money which any landholder of any land in the ayacut of any notified work may have agreed before the dace of the commencement of the Madras Irrigation (Levy of Betterment Contribution) Amendment Act, 1963, or may agree after that date, to pay to the Government as a condition precedent to the execution of any such work.

16. Works notified under certain rules

Notwithstanding anything contained in this Act or in the Madras Irrigation (Levy of Betterment Contribution) Amendment Act, 1963, any work specified in the list of works published by the Collector of the district in the District Gazette before the date of the commencement of the Madras Irrigation (Levy of Betterment Contribution; Amendment Act, 1963, under rule 7 of the Madras Irrigation (Levy of Betterment Contribution) Rules, 1956, shall be deemed to be a notified work under this Act as amended by the Madras Irrigation (Levy of Betterment Contribution) Amendment Act, 1963, and the provisions of this Act, as amended by the said Act, shall have effect accordingly.

 

Schedule - SCHEDULE

THE SCHEDULE

(See section 4-A)

Schedule of rates per acre

NEW AYACUT

Provided that landholders of lands which were unirrigated immediately before the execution of the notified work and which are newly assured with the supply of water for two wet crops as a result of the execution of the said notified work shall pay betterment contribution at the rate of fifty rupees per acre in addition to the rates specified in this Schedule ".