These Rules may be called the
Punjab Betterment Charges and Acreage Rates Rules, 1955.? In these Rules : (a) "The
Act" means the Punjab Betterment Charges and Acreage Rates Act, 1952. (b) "Perennial
irrigation" means canal irrigation available throughout the year. (c) "Restricted
Perennial Irrigation" means the canal irrigation available throughout the
year except during the months of July and August. (d) "Kharif
Irrigation" means canal irrigation available during the months April to
September, both inclusive. (e) "Rabi
Irrigation" means canal irrigation available during the months of October
to March, both inclusive. (f) "Included
lands" means land for which canal water has been provided in a duly
sanctioned [1] [outlet] under any irrigation
scheme coming within the purview of this Act. Any area subsequently
incorporated in the scheme shall also be considered to be "included
lands" (g) "Board"
means a Committee consisting of a Revenue Officer of the rank of a Collector
and a Canal Officer of the rank of a Divisional Canal Officer, appointed by
Government, for appraisement of the enhancement in the value of lands included
in an irrigation scheme for the purpose of levy of Betterment Charges. (h) "Chief
Engineer" means Chief Engineer for the time being in charge of the scheme
for the purposes of levy of Betterment Charges. [2] [(i) ?Outlet - the term used to designate the work
which passes water from Government Channels to a water course].? Any proposal by Government to
levy Betterment Charges on lands included in any irrigation scheme or any other
matter requiring publicity under the Act, shall be published in the official
Gazette and certified copies and translations thereof in Hindi, Gurmukhi, or
Urdu shall be posted : (a) at the
offices of the Deputy Commissioner and the Divisional Canal Officer concerned; (b) at
conspicuous places in the locality affected by the proposal, such as Tehsils
and Thanas, etc. and by beat of drum or oral
proclamation or other customary methods.? (1) ??The entire area included in an irrigation
scheme shall be divided by the Board into blocks or assessment circles so as to
have more or less uniform physical characteristics of soil in each block or
circle as per classification in the last settlement, taking note of any changes
which may have affected the productivity of the soil or the area concerned. [3] [(2) The
board shall work out for each class of land in an assessment circle an estimate
of net assets in cash as defined in clause (18) of section 3 of the Punjab Land
Revenue Act, 1887 (Act XVII of 1887) :- (a) for the
date prior to the commencement of the scheme as fixed by Government by
notification under section 5 of the Act; and (b) for the
date after such commencement as the Government shall fix by notification under
section 5 of the Act, subject to the following :- (i) ???the rates to be adopted for various
commodities of produce of land, labour and any other expense, shall be those
prevalent in the year of that date; (ii) ??for the purposes of calculating the net
assets both for pre-scheme and post-scheme dates, the share that would be
retainable by a tenant if the lands were let to a non-occupancy tenant paying
rent, whether in kind or cash, shall be two-third of the produce], [4] [(iii)
the yield to be assumed for calculating the net assets on both pre-scheme and
post-scheme dates shall be as fixed in the last Settlement Report for soils of
similar classification. Where the yield for any particular crop or regarding
any particular kind of irrigation or class of soil is not available in the last
Settlement Report for the assessment circle, concerned in the Irrigation
Scheme, the yield may be taken as fixed in the last Settlement Report for the
assessment circle situated in similar climatic region and receiving similar
quantum of irrigation supplies, corrected, where necessary, by general
observations regarding the quality of soil and local enquiry]; [5] [(3)
Value of the land of landowner or any occupancy tenant will be taken as 30
times his net assets. (4) ??The Betterment Charges shall be calculated
with reference to classes of lands recorded in the last settlement and as
modified in the latest Revenue Record available and also with reference of
different types of irrigation facilities provided for any particular types of
land.? A draft of the schedule of
betterment charges prepared under section 4 (1) [6][*
* * * * * *] shall be published in the Official Gazette, and in the manner
provided in Rule 3. This Schedule will include information regarding rates per
acre payable as Betterment Charges for each class of land:- (a) when paid
in lumpsum, (b) when paid
by instalments, (c) maximum
number of instalments allowed for payment.? Any aggrieved landowner or
occupancy tenant may present a petition in writing to Government through the
Betterment Board, within sixty days of publication of draft Schedule in
Official Gazette or from the date of its publication in the village, whichever
is later, stating his objections to the levy of Betterment Charges or the rate
thereof. The Board shall consider the objections and submit their report
thereon to the Government.? After considering the report of
the Board, and after further enquiry, if any, the Government shall determine
the final schedule of betterment charges And publish the same in the manner
laid down for publication of the draft schedule in Rule 3 above.? If lift irrigation arrangements
in regard to any land, are converted into gravity flow irrigation, the full
betterment charges will be leviable from the assessee who may be required to
pay the higher rate of betterment charges from the date the said conversion is
effected, the number of instalments for payments remaining the same.? The acreage rate shall be worked
out by the Divisional Canal Officer on the basis of the estimated cost of one
or more works or measures mentioned in section 6 (1) of the Act after
consulting, where necessary, the Revenue or Colonization Officer concerned. The
Divisional Canal Officer will then submit his proposals to[8]
[-] the Chief Engineer.? The procedure for publication of
the Draft Schedule of acreage rates and for receipt and disposal of objections
of persons, by whom they are payable, and for publication of final schedules
will be the same as that for betterment charges under these Rules.? Rule 11. No
objection to be entertained to various schedules on the change of ownership after
the expiry of date for receiving objections.-- No transfer of ownership after
the period of limitation prescribed for objections of draft schedules for betterment
charges or acreage rates or on any day after the publication of the final
schedules shall give any right to the transferee for making fresh objections.? (1) When the
rate of advance payment of betterment charges is notified by the State
Government under sub-section (1) of section 5-A of the Act, the Canal Officer
shall prepare a demand statement in respect thereof in the form prescribed for
the charging of occupier's rate containing full particulars of the amount of advance
payment of betterment charges which every person is liable to pay under the Act
and cause a notice to be served upon him. (2) As soon
as the demand statement referred to in sub-rule (1) is completed in respect of
a village, the provisions of rules 12, 13, 14 (a), 14 (c), 15, 23, 24, 25, 27,
28, 29, 30, 33 (b) and 34 shall, as far as may be, apply to the realization of
the advance payment of betterment charges in the same manner as they apply to
the realisation of betterment charges under the Act. (3) Receipts
shall invariably be given by the Lambardar or other persons making the
collection to each assessee, for making advance payment of betterment charges. (4) An
account of each landowner shall be maintained in the Divisional Canal Office,
showing the recoveries of advance payment of betterment charges.? As soon as the Demand statements
in respect of Betterment charges or Acreage rates for any village are completed
under section 8(1) of the Act, the Divisional Canal Officer shall forward the
Demand Slips meant for assessees to the Canal Patwari, who will deliver them to
the Lambardar concerned within five days of their receipt by him. The Lambardar
will serve them among assessees, or in case of their absence, to their
recognized Agents or an adult male member of the family of an assessee, within
seven days of receipt of those Demand Slips from Patwari. The acknowledgements
of assessees or of their Agents or adult member of the family for Demand Slips
shall be submitted by Lambardars to Divisional Canal Officer by registered post
or through the Canal Zilladar concerned within 10 days of their receipt from
the Canal Patwari.? One copy of demand slips
consolidated in the form of a Demand Statement for each village shall be sent
to the Tehsil concerned on the same date as are fixed by the Financial
Commissioner for despatch of demand statements for Occupier's Rates by
Divisional Canal Officer for each crop.? (a) Any
landowner or occupancy tenant may present his objections against the demand to
the Divisional Canal Officer or the Deputy Collector concerned within thirty
days of the date of service of the demand slips or where the demand slips were
not duly served when he has knowledge of the demand against him. (b) The
orders of Divisional Canal Officer or the Deputy Collector, as the case may be,
on such objection will be appealable to the Commissioner of the Division
concerned, within 30 days of the date of such orders. (c) No
objection to the demand at the time of collection of betterment charm or
acreage rates shall be entertained, and their collection shall not be
suspended. [10][-]? Any amount due from an assessee,
under a notice of demand for betterment charges or acreage rates, shall be paid
to the Lambardar concerned within 30 days of the receipt of the notice.? On publication of the final
schedules of Betterment Charges, under section 4(5) and the acreage rates,
under section 6 (4) of the Act, the Divisional Canal Officer shall publish a
notice in the village affected thereby, that the landowner or occupancy tenant
should intimate to him through an application in writing, within 30 days of the
notice his option with regard to the manner of payment by him. The notice will
state that the option is to be exercised between :- (a) one lump
sum payment; (b) by
half-yearly instalments spread over a number of years as decided by Government,
maximum number of instalments, not exceeding 30; (c) offering
a part of his land in lieu of full or part payment of betterment charges due
from him. If no
intimation is received by the Divisional Canal Officer from any landowner or
occupancy tenant within the prescribed period, the recoveries will be made from
him in instalments.? The landowner or occupancy tenant
will have the option, after payment of the first or any subsequent instalment,
to pay the balance in one lump sum according to the amount outstanding against
him less interest charges included in the balance for payment by instalments.? In computing the amount of each
instalment simple interest at 41/2 per cent per annum shall be taken into
account. Similarly, 41/2 per cent simple interest will be charged on all sums
not paid on the due date.? [11] [Surrender
of land by any assessee in lieu of full or part payment of betterment charges
shall be accepted only if - (a) the area
to be surrendered is free from all encumbrances and is not in cultivating
possession of a tenant or tenants; (b) it does
not reduce the holding of the assessee to less than thirty standard acres or
fifty ordinary acres, whichever is less; and (c) the area
to be surrendered is in a compact block of not less than ten ordinary acres].? Where land in lieu of betterment
charges has been accepted by the Divisional Canal Officer after due
investigation, he will evaluate the area considered at such rates as may have
been fixed by the Board for such class of land with reference to the date
subsequent to the commencement of the irrigation scheme fixed under section 5
(1). The decision of the Divisional Canal Officer shall be subject to the final
approval of the Superintending Canal Officer.? The land accepted in lieu of
Betterment Charges shall be disposed of in such manner as Government nry think
fit, and the proceeds thereof shall be credited to the Irrigation Scheme
concerned.? The apportionment of betterment
charges and acreage rates between landowners and occupancy tenants will be
carried out by the Divisional Canal Officer or the Deputy Collector or other
Revenue Officer of the District concerned, in accordance with their rights as
entered in the Revenue Records.? If any land on which betterment
charges are levied, is owned by more than one person, or is in possession of
more than one occupancy tenant, the Divisional Canal Officer or the Deputy
Collector or other Revenue Officer, on receipt of an application from any one
of the owners will apportion betterment charges amongst all owners or occupancy
tenants according to their share in the said land or tenancy as given in
Revenue records. But nothing contained herein shall affect joint and several
liability to pay full amount of betterment charges.? Except as otherwise provided in
these Rules, every summons, notice, order and requisition which, under the Act
or the Rules made thereunder, is required to be served on, or issued, delivered
or communicated to any person; shall be so served, issued, delivered, or
communicated, as the case may be, as hereinafter provided :- (1) Every
such summons, notice, order or requisition shall be drawn up in writing and
dated and signed by the officer having authority to issue or make the same
under his seal. (2) Every
summons, notice, order or requisition, which is required to be served on or
delivered or communicated to any person, shall, whenever possible, to be so
served, delivered, communicated :- (a) personally
on or to the person to whom it is addressed, or failing him; (b) on or to
his recognised agent, or failing such agent; (c) on an
adult male member of his family usually residing with him. (3) If
service, delivery or communication cannot be so made or effected, or if
acceptance is refused the summons, notice, order or requisition may be served,
delivered or communicated by posting a copy thereof at the usual or last known
place of residence of the person to whom it is addressed, or to be communicated,
or if that person does not reside in that district, then in such manner as the
officer authorised to issue or make the same may direct. (4) If the
summons, notice, order or requisition relates to a case in which persons having
the same interest are so numerous that personal service on each one of them is
not reasonably practicable, it may be served, delivered or communicated by
delivery of a copy thereof to such of those persons as the officer authorised
to issue or make the same specially nominates in this behalf, and by
proclamation to be made by beat to drum or other customary method of the
contents thereof for the information of the other persons interested. (5) A summon,
notice, order or requistion may be served on, or delivered, or communicated to
the person named therein, either in addition to, or in substitution of, any
other mode of service, by forwarding the summons, notice, or requisition by
post in a registered letter addressed to that person. (6) When a
summon, notice, order or requisition is so forwarded in a letter, and
it is proved that the letter was properly addressed and duly posted and
registered, the officer authorised to issue or make the same may presume that
the summon was served at the time when the letter would have been delivered in
the ordinary course of post. (7) In every
case in which service of any process is not effected personally, the officer
authorised to issue the same shall satisfy himself, by examining the process
server or otherwise, that such service has been duly effected in the manner
required by these rules.? In case of evacuee lands, demands
for betterment charges and acreage rates shall be presented to the Custodian of
Evacuee Property.? Where a landowner or occupancy
tenants fails to irrigate during any crop, himself or through his tenant, a
part of whole of his area included in the irrigation scheme, no exemption will
be granted in respect of Betterment Charges or acreage rates payable in respect
of such unirrigated areas.? Every entry recorded in the
Revenue Records shall be relevant as evidence in any dispute as to the matter
relating to the assessment of Betterment Charges and acreage rates and shall be
presumed to be true until the contrary is proved or a new entry is substituted
therefor in accordance with the procedure prescribed by law.? If, after delivery of the demand
slips to the assessees, any addition is made to the demand, or any suspension
is allowed under the Act or rules thereunder, such addition or suspension shall
be communicated to the owner or occupancy tenant, as the case may be, by means
of supplementary demand slips. Demands shall be shown in black ink, and
suspension in red ink. All such alterations as are made before the do patch of
the Demand Statements to the Tehsil concerned under Rule 13 supra shall be
included in that document and shall also be written on slips similarly printed
and attached to the Demand Statement. Alterations made after the despatch of
the Dmand Statement shall be intimated to the Tehsil concerned in a
supplementary statement after 60 days. Any addition or suspension allowed
thereafter shall be similarly incorporated in the Demand Statement for the
succeeding harvest. Due intimation will be given about additions and suspension
to assessees concerned by issue of supplementary demand slips in the manner
prescribed in Rule 12.? No additional demand shall be
prepared and no suspension shall be granted where the amount for any individual
demand amounts to Re. 1 or less for acreage rates, or for betterment charges.? The dues on account of betterment
charges or acreage rates shall not lapse on account of their not having been
demanded within a certain period.? When balances are found to be
irrecoverable owing to want of assets, the defaulter absconding, or any other
cause, they shall be reported to the Collector of the District, who, if he sees
fit, will forward such cases to the Commissioner for action under the Punjab
Land Revenue Act, as amended by Punjab Act XLV of 1953.? Receipts shall invariably be
given by the Lambardar or other persons making the collection to each assessee
on payment of Betterment Charges or acreage rates on prescribed printed form.? (1) For
purposes of calculating acreage rates, fraction of less than half acre shall he
ignored and areas of more than half and less than one acre shall be counted as
one acre. (2) For
calculating the betterment charges, the exact area shall be the basis of
charge.? The Canal Patwari shall be
responsible for ensuring that the village copy of the Demand Statement is at
all times accessible to any person who is liable to pay betterment charges or
acreage.? An appeal may be admitted after,
the period prescribed up to 6 months when the appellant satisfies the appellate
authority that Jhad sufficient cause for not presenting the appeal within such
period. If the period prescribed expires
on a day when the office of the appellate authority is closed, the appeal may
be presented on the day the office re-opens.? The period prescribed shall be
calculated from the date of decision or order appealed from and, in computing
such period, the day when the decision or order was made, and the time spent in
obtaining a copy of the decision or order appealed against shall be excluded.? The application for admission of
an appeal shall be stamped in accordance with the law in force relating the
Court Fees, and shall be accompanied by a copy of the decision or order
appealed against, and shall state concisely the grounds upon which the appeal
is preferred.? The appeal may be rejected if,
upon a perusal of the grounds of appeal and the copy of the decision or order
appealed against, it appears to the appellate authority unnecessary to call for
the proceedings.? If the application be granted, an
entry thereof shall be made in a register of appeals numbered consecutively,
and a day shall be fixed for the hearing of the appeal.? Unless the appeal is rejected
under Rule 38, notice of the date and place fixed for the hearing of the appeal
shall be given to appellant in such manner as the appellate authority may
direct, and to every other party to the case whose interest is opposed to that
of the appellant in the manner hereinafter prescribed.? A written notice containing the
title of the appellate authority, the names of the parties, the date and place
fixed for the hearing of the appeal, and such other particulars as the
appellate authority may, by general or special order, direct shall be issued in
duplicate under the hand, and seal of this authority.? All notices and processes issued
in connection with appeal shall be served in the manner prescribed for the service of
summonses and notices generally.? When personal service is
effected, the addressee shall be required to acknowledge the service by
affixing his signature, seal or mark on the back of the duplicate copy to be
retained by the serving officer.? The serving officer shall, in
every case, endorse on the duplicate copy a memo, signed by him, of the date
and mode of service, and return each copy to the authority which issued it.? The hearing of an appeal may be
postponed or adjourned, from time to time, as the appellate authority may see
fit, by written order, to direct to any subsequent date, and notice of such
date shall be given to the parties in such manner as the authority may direct.? Except in cases falling under
Rule 38 the appellate authority shall not proceed to the hearing of an appeal
unless and until it is satisfied that notice of the date and place fixed for
such hearing has been received by the parties concerned in sufficient time to
permit them to appear or to be represented at such hearing; provided that the
appellate authority may presume that notice has been received when a written
notice has been served in any of the ways described in these rules; provided
also that an appeal may be heard and decided, notwithstanding the absence of
any party who in spite of due service of the notice does not appear on the day
for hearing the appeal.? (a) What
parties present.--The appellate authority before passing order or decision on
the appeal, shall record in writing which (if any) of the parties to the appeal
are present, in person or by representative, at the hearing thereof. (b) Further
enquiry by appellate court.--The appellate authority if, it thinks further
enquiry necessary, may conduct such enquiry itself. (c) The
decision or order of court.--When the hearing of the appeal is concluded,
decision or order of the appellate authority, shall, when practicable be
pronounced forthwith and shall be recorded in writing and be signed by the
appellate authority and the substance thereof shall be explained to such of the
parties, or their representatives, as are present when the decision, or order
is pronounced or given. (d) Translation
thereof.--Every decision or order recorded in English shall be translated into
Hindi or the current language of the locality, and the translation shall be
authenticated by the signature of the appellate authority and filed with the proceedings.? A copy of the decision or order
shall be transmitted by the appellate authority to the officer from whose
decision or order the appeal was preferred.? A copy of the decision or order
of the appellate authority, in English, Hindi or Punjabi, shall be granted to
any person concerned or interested therein, who shall apply for the same, upon
payment of the proper court fees and copying charges.? In any case in which an order on
appeal is passed ex-parte against a person, he may apply to the appellate
authority, by which the order was passed, for an order to set it aside; and if
he satisfies the authority that the summons or notice was not duly served, or
that he was prevented by any sufficient cause from appearing when the appeal
was called for hearing, the authority shall make an order setting aside the
order as against him, upon such terms as it thinks fit, and shall appoint a day
for proceeding with the appeal. [1] Punjab
Govt. Notification dated 1.10.55. [2] New
clause (i) added by ibid. [3] Punjab
Govt. Notification dated 10.19.56. [4] Punjab
Govt. Notification dated 19.6.67. [5] Punjab
Govt. Notification dated 10.19.56. [6] Punjab
Govt. Notification rule.5 dated 3.5.57. [7] ?Punjab Govt. Notification rule 6 dated
19.6.57. [8] ?The words "the Government through"
in rule 9 omitted by Punjab Government Notification No. 6367/In./C, dated 19th
June 1957. [9] Rule
11-A inserted by Punjab Government Notification No. 254-IW-59/98, dated the
January, 1959. [10] The
words "except on the receipt of an intimation from the Divisional Canal
Officer that an objection has been admitted by him" omitted by Punjab
Government Notification No. 6367/In./C. dated 19th June, 1957. [11] Rules
19 substituted by Punjab Government Notification No. 6367/lm/C, dated 19th
June, 1957.THE PUNJAB BETTERMENT CHARGES AND ACREAGE
RATES RULES, 1955
Rule[9]
[11-A. Procedure for realising advance payment of betterment
charges.--