THE
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ORISSA ACT NO. OF 1956
ORISSA BETTERMENT CCARGES
ACT, 1955
t Receivedthe acent of the Governoron the 15th February 1936, first published in an Extraordinary issue of the Orissa Gazette, dated the 24th February 1956 ]
AN ACT TO FOB THE LCVY or BCTTERMEN'Z
Short title,
commence.
ment.
D eßniti on B
CdARGES ON CERTAIN LANDS IN THE STATE OF ORISSA HERGASit is expedient to imposea hettermcnt w levy on tho lands to be benefited • by the
proposed canals under the Kira kud Dam Project ; It is hereby enacted by tho Legislature of the State of Orissa in the Sixth year of the Republic of India as follows
l. (l) This Act may be called the Orissa
Bet terment ChargesAct, 1955.*
(2) It extends to the districts Sambalpur, mangir, Puri and Cuttack:
(3) It shall come into force at-once.
2. In this Act, unless the context otherwise • requires,—
@) "Betterment charges" means •the charges levied under section 3 on lands under irrigable command of the irrigation scheme of the Hirakud Dam Project ;
(b) Canal Offcer means an omcer not below the rank of an Executive Engineer appointed as Canal Offcer by the State Government, for the purposes of this Act ;
(c) Collector of Betterment Charges means an oßcer not below the rank of a Collector appointed * ForStat,omeub ofObiect8ardReasons8eeOriseagaze.geßætraordinæry,datedthe 14th8ep• 19542andfor S. C. R. geeOt•i88agazette,E*aordinary, dated the 13th October1955.
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os such by the State Government under the provi. sions of this Act ;
(d) " Irrigation scheme of the Hirakud Dam Project ", hereinafter referred to as the '6 Scheme means all canals, branch canals, distributaries, minors, water-courses, embankments, structures, lift irri- gation arrangements and similar other works and all other works incidental thereto under Hirakud Dam Project designed to ensure gupply of water to irrigate lands and includes improvements to and extension of the existing canal system in the district of Cuttack ;
(e) Land " means any land that is fit for agricultural purposes or that may be capable of being rendered fit tor such purposes on tho comple- tion of the scheme ;
(f) " Lands under irrigable command " means such lands as are irrigated or capable of being irrigated under the scheme ;
(g) " Prescribed means prescribed by rules made under this Act ;
(h) " Revenue Offcer means an offcer of the State Administrative Service appointed as a Revenue Offcer for purposes of this Act ;
(i) " Sambalpur Zone " and the " Delta Zone"
respectively mean the areas comprised within the districts of Sambalpur and Bolangir and the districts of Cuttack and Puri as •at present con• øtituted ;
(j) the expressions "Landlord", "Tenant",
"Occupancy tenants" and "Service tenants" in relation to any land shall have the same meaning as those expressions have in the law relating to land tenures in force immediately beforo the commence- ment of this Act in the area in which such land is situate.
Explanation— For the purposes of this Act a Ruler of an Indian State or any of his relations shall be deemed to be an occupancy tenant with respect to lands of which such Euler or his relation as the case
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may beis the ownerand which is in his possession eitherby himselfor through his temporary lessees; and the expression " Ruler of an Indian State "
shall havethe samemeaningashas been assignedto it in the Constitution.
(k) all references to the districts of Cuttack, Puri, Sambalpur and Bolangir shall be repd and construed respectively as references to the areas known by the said names immediately before the date of commencement of this Act.
3. (1) The State Government shall be entitled toBetterment charge levy a betterment charge on every land under the leviable.
irrigable command in accordance with the provisions of this Abt.
The lands under irrigable command shall be divided into suitable classes by the Government and the annual increase in the gross produce of each class of lands shall be estimated :
Provided that all
lands which accor- ding to the principle of classification adopted in settlements, are of the same class and which judged by their commandability are so situated as to derive the same amount of benefit from the scheme shall be placed in the sameclass :
Provided further that the estimate shall be made with•referenceto the averageof tho pricesprevailing during the three agricultural years immediately preceding the. agricultural year in which water is first supplied for irrigation in a block under estima- tion.
(2) Ten times the annual increase in the gross produce estimated under sub-section (1) shall be deemed to be the increase in the capital value of each classof lands ; and the betterment charges payable in respect of such clas of lands shall be one-half of the difference between the said increase in the capital value and the cost estimated in the prescribed manner of making the lands fit for advantageous irrigation under the scheme :
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Provided that in the case of lands which were originallyunder dry cultivation and which with a view to derive benefit from the schemewore brought underwet cultivation, a sumrepresenting the differ, ence between the cost of wet cultivation and the cost of dry cultivation as determinedin the prescribed manner shall be deducted from the increase in gross producefor the-purposeof calculatingthe incræsein capital value of those lands.
Explanation—Forthe purposeof thisAct the cost of wet cultivation shall be deemed to include tho water rate.
(3) As and when any block in the irri able command is brought under irrigation, the tate Government shall direct the Collector of Betterment Charges to determine the betterment charges in respectof eachclassof landsin the block.
(4) The Collector of Betterment Chargesafter dueenquiry in the prescribedmanner shall publish his proposals in regard to the bettermentcharges proposedfor the various classesof lands in the prescribedmannerandshall considerin the manner prescribedthe suggestionsand objectionsreceived within {he time allowed, and finally publish his award on the rate of betterment charges levia ble on each class of lands in the block of lands under irrigable command in the prescribed manner. The Collector shall while proceeding under this sub-section be assistedby an Agricultural export to be nominated by the State Government.
(5) An appeal shall lio to the prescribed authority in the prescribedmanner and within a pres- cribed time from the award of the Collector of Bettetment Charges under sub-section (4). The decisionin suchappeal shall be notified in the pres- cribed manner.
(G)The award Witb respect to betterment chargesnotifiedundersub-section(4)shall,subjecto the right of appeal provided in sub-section(5), be final and shall be binding on all persons having interest in the lands and shall not be to be questionedin a court,of law.
Sohedule o! i crigablø lauds under command
and better. mont
Publication of scheme and notice to owners and persone interested.
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4. The State Government shall, after the notifico• tion declaring the classesof land under sub-section(I ) of section 3 and after any village in the irrigable command is brought under irrigation, direct one or more Revenue Omcers oppointed for the purpose to prepare a Schedule for such village or villages in consultation with a Canal Offcer showing the lands under the irrigable command of the scheme and the class of lands for betterment charges under which each plot of land is to be classified and the persons from whom tho charges are recoverable :
Provided that the State Government may define the jurisdiction, powers and duties of each such Revenue Offcer or Canal Offcer as the case may be for the purposes of this Act,
5. (1) The Schedule prepared under section 4 shall be published in the offcial Gazette and in such other manner as may be prescribed.
(2) The Revenue Offcer cpncerned shall give notico to the persons known or believed to be owners of or interested in the lands under irrigable command of the scheme requiring them to appear before him either personally or by agent at time and place therein mentioned to filo* their objections, if any,
(a) to the inclusion of the lands in the Schedule as the lands under irrigable command or (b) to the classifica- tion of any plot of land for tho levy of the betterment charges or (c) to the imposition and recovery of the betterment charges proposed on such lands from such persons or (d) to any other entry contained in such Schedule.
6. On the dates fixed in the notice underEnquiry award.
section 5 or on euch other date to which the filing of objections may be adjourned, the offcer concerned shall, after holding an enquiry in the prescribed manner and after hearing the objections, if any, filed by the persons in pursuance of such notice, make an award. The award shall be published in the manner prescribed and shall gpeeify—
(a) the lands under tho irrigable command of the scheme ;
(b) the classification of any plot Of land for the levy of betterment charges ;
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(c)the amount of the bettermentcharges leviable on ea.ch of the said lands ;
(i) the person or persons from whom the betterment chargeis recoverable; and (e)the date onwhich suchbetterment charges *hall bo leviable :
Provided that the Revenue Oåcer while making the award shall always have due regard to the provisions contained in section 11.
7. (l) Betterment charges in any area,on the of better.
lands under irrigable command shall be payable onmen t, the 15th day of April of the year next after the one bettermen± charges to following the Kharif seasonin which irrigation charged facilities are first provided for the area from the on land next
scheme or two months after the date of the award'0 laad revenue• under section 6 whichever is later. Persons to pay the chargesshall pay the samein one lump sum or exercise in the prescribed manner their option of making payments in instalments.
(2) The number of such instalments and the manner of pxyment thereof shall be as follows : —
(a) The first two instalments shall each be one-thirtieth of the charges, the balancebeing payable in fourteen further instalments of one-fifteenth of the chiarzes each.
(b) The first instalment shall fall due on the date on which the charges become first payable under sub-section (l) and each subsequent instalment shall become payable each year on thé date one year after the due date of payment of the last preceding instalment.
(c) No interest shall be chargeable on any arrears of instalment ; but interest at the rate of 4å per cent per.annum shall be payable on the due date of payment of any instalment on the balance of the betterment charges remaining unpaid by the said date :
Provided that any one or more of such instal• mentßmay be paid in advance of the date on which the payment of such instalment falls due together with interest at the rate of per cent per annum on the balance of the charges remaining unpaid by the date of such payment.
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Betterment charges on newly
reclaimed Iond.
omis8iong and
ugpeuai on s. (3)Anysumslawfully dueunderthis Act by wayof bettermentohbrgesShalltake priority overall otherchargespayablein respectof the land except land revenueandshall be deemedto that extent to be chargeon the land and shall be recoverableasan arrear of land revenue.
(4) Notwithstanding anything contained in this section,the StateGovernmentmoy allow the owner of the land on which bettermentchargesmay be payableto relinquishthewhole or any part of the land or deliver in exchangein favour of the State Government onsuchconditionsasmaybe prescribed by rules :
Provided that no such relinquishmentor exchangeshall be permitted unless the land is froe from encumbrances.
8. If any waste land, belonging to or at the disposalof the StateGovernment,under irrigbble command is newly leasedout for cultivation, bettér- mem cnurge shall be recoverable from the lessee in the prescribedmannerat the rate prevalent in the zoneanything in any of the other provisionsof this Aot to the contrary notwithstanding.
9. If the StateGovernmentaresatisfied,—
(1) that the crops on any land under the irrigable commandareseriouslydamagedon account of floods,tempestor any other irresistibleforce,or
(2) that the land being water-loggedor salt- affectedhas becomeunculturable, or
(3) that the land has been removed from th3 irrigable command of the schemeon aocount of short supply of water or such other cause,or
4) that the agricultural industry has received a set-back on account of price-fall, the State Government may, subject to such conditions agit may think fit, suspendthe recovery of or remit in full or in Inrt tbe betterment chargea or any instalments thereof with respect to such land :
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ii in cages coming udderProvided that clause(3) where land has boonpermanently j or for considerableperiodremovedfrom irrigable.'command the State Government shall deduct, froll* the total amount of Betterment Charges payable by any person sumrepresentinghis duesto the State Government on account of Betterment Charges in•respectEof such land.
10. The betterment charges payable under thisAnyobher Charges not
Act shall not affect any other rates or chargesto bo leviable under any other law.
11. (1) Betterment charges shall be recoverablePergons liable $0 poy
from the personor personsrecordedas thBoccupancy tenants or service tenants of the land : chargeA. Provided that where such tenant',pays produce rent to his immediate landlord, recorded as such a portion of the betterment charges equivalent to the fraction which the produce rent taken by the landlord bears to the total produce each year shall be recoverable from such landlord :
Provided further that a service tenant shall pay only 75 per cent of the on
the land, the other 25 per cent being payable by the person to whom the lands will •revert!on abolition of the service :
Provided also that, a person in actual -cultiva. tion of the land on the date of the award under section 6 as a tenant or sub-tenant under},! an occupancy tenant or service tenant on payment of produce rent and protected against eviction under ony general or special for the time being in force or any practice, custom or usage having the force of law, shall be )iable to pay o part of the betterment chargeg in such proportion as the produce taken by such tenant or sub-tenant bears to the;total rproduce of the land during the year last precedinglthe date ot tho award.
"Recorded" in this section shall mean "recorded on the land records of the Collector of the district on the date of the award under section 6" or where an application for change of record is pending on that date in the proper court the record as corrected in the final orders on the application ;
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(B)For the purposesof this sectionpersons whoare recorded4asi.tenants and whoserights are the sameasthose of occupancy tenants or service tenants shall be:deemed to be occupancy tenants or servicetenants aslthe oasemay be.
(2)Notwithstandinganything in sub-section(l) and subjectto any contract to the contrary where tenant holding any land on produce rent is evicted by his {immediate landlord in pursuance of amy law relating to land reforms or under any other law for the time being in force such landlord shall be liable, in addition to suchother payment ho may haveto make for such eviction, to pay to such tenant the portion of the betterment charges paid by him prior to the date of his eviction :
Provided that nothing in this sub-section shall apply if the eviction of the tenant has taken place on of any default on the pært of the tenant in complying with the provisions of any such law as
•aforesaid. 12b(l) Any personliable to pay the bettermentApplioatiou fortransfer chargesunder sectionII may apply to the prescribed Of authority in the manner prescribed for a declaration that on the date the betterment chargewasdue or any part of the samewasädueon on instalment fixed under section 7, his right or interest in the land has passedon to someother person and that such other person may be made liable for the dues. Such authority after hearing in the prescribedmanner the persons concerned may, if he finds that there has beena valid transfer, declare that suchother person or,personsshall be liable {br the*.bettermept charge or the balance thereof due on the SBid date. Ezplanation—For the purposesof this section—
(i) The rights and interest of a person shall be deemed to have passedon to his immediate landlord if such person to hold or cultivate the land without there being a transfer of such right or interest to any other person.
(ii) Transfer shall include all transfers whether by act of partiesor by operation of law or by virtue of any judgment, decree or order of any court or otherwise howsoever.
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Protection of land agginst 88.10 for arrears of better ment
charges.
Appeals
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(2) The said authority may if he finds that any person liable to pay the betterment charge under section II is dead, hold an enquiry in the prescribed manner and determine the person or persons liable to discharge the liaoility as heirs and assignsof such persons ; if after such enquiry the said authority finds that some other person should have been rightly recorded as the tenant or landlord as being liable to pay the betterment charges or part thereof, in the plaee of tbe deceased on the date the betterment chargeor any part thereof, on an instalment fixed under section 7 had fallen due, the said authority shall after holding such further enquiry as may be prescribed and after giving the parties concerned an opportunity of being heard make a declaration accordingly.
(3) A declaration under sub-section (l) or sub- section (2) as the casemay be shall have the effect of passing on the liability for payment of the betterment charges or balance thereof under section II to the personor personsgodeclaNd äs boing liable.
13. (l) Any person interested in the land on which betterment charge is may pay up the dues in arrears to protect the land from sale for arrears of betterment charge and he may then apply to the Revenue Offcer authorised by the State Government in that behalf to recover such amount for him from the persons liable to pay the samo according to the extent of their respective liabilities.
(2) The Revenue Offcer shall deal with the application for recovery under sub-section(1' in the same manner as a plaint filed in a suit for recovery of money instituted in accordancøwith the Code of Civil Procedure, 1908 and the )rder passed on 8uch V of applicationshallhavethe same force and effect as
•that of a decree for money passed by a Civil Court under the said Code.
14. Any person aggrieved by the award under section 6 or declaration under sub-section (1) or sub-section (2) of section 12 or an order under section 13 may, within sixty days from the date of the award, declaration or order respectively, appeal to the Collector-of Betterment Charges. The appeal shall be disposedof in the prescribedmanner ;
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14
Provided that in an appeal from an award under eection 6 the rate of betterment charge fixed on a Particular class of land shall not be called into question and may not be changed in the appeal. Bevißion by
15. (l) The Board of Revenue may on its ownthe ofRevenue.motion or on the application of an aggrieved person within the prescribed time call for and examine the record of any enquiry under section 6, sub-sections (l) and (2) of section 12 and under section 13 or of the proceedings in appeal under section 14 for the purpose of satisfying itsel€ as the legality or regularity of such enquiry or proceed- ings and may confirm, modify or reverse tho award, declaration or order or the decision of the Collector of Betterment Charges as the casemay be :
orders.
risdiotion
af Civil
Provided that in relation to any enquiry under section 6 the rote of betterment charge fixed on a particular class of land in pursuance of sec. tion 3 shall not be modified or reversed or otherwise interfered with :
Provided further that the betterment charges ordered to be paid by the Collector shall not be altered to the prejudice of any party unless the parties concerned have been given an opportunity of being heard.
(i) Notwithstandinganythingin sub-section(I) the award, declaration, order or decision specified therein shall not be modified, reversed or otherwise interfered with after the expiry of a period of two yea,rs from the date Of such award, declaration, order or decision as tho casemay be.
16. An order passedby the Board of Revenue in revision under section 15 and subject to such order the decisionof the Collector of Betterment Chargey on appeal under section 14 and subject to the order of the Board of Revenue and the decision of the Collector of Betterment Charges, the bward, declara- tion or order made under section 6, sub-sections (I) and (2) of section 12 and under section 13, shall be final.
17. No Civil Court Bhall have any jurisdiction in any matter relating to anything done or to be done under this Act.
Indenity
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18. Subject to .section 9 no cla,im shall lie against the Government for compeneationor for the, refund of betterment chargeson docount of loss occasioned by any temporary failure or stoppageof water in a canal or by any cause beyond the control of the Governmentor by any repairs, alt€rations or additionsmade to the canal or by any measuretaken for regulating the properflowofwatertherein or for maintainingthe established course of irrigation in case where the Canal Offcer considers such action to be necessary.
19. No suit, prosecutionor other legalproceedingbom legal
shall lie against any personin respectof anything done or intended to be done in good faith under this Act or the rules made thereunder.
20. The Revenue Ofioer, Canal Offcer or any Povøreof Bevauø caul other offcer authorised by any of them or the authorityprescribedin pursuanceof section12 shall mm.mon
•iGhavethe samapowers88arevestedin Court under the Codeof Civil Procedure,1908,wh n trying suit vof19ti in respectof the followingmatters,namely:—
(a) enforcingtheattend&nceof anypersonand examininghim on oath or affrmation, (b)compellingthe productionof documents, and any proceedingunder this Act before the Revenue Offcer, Canal Offcer or any other omcer authorisedbythemshallbedeemedto be ' judicial proceeding withinthemeaningof sections193and 228andfor the purposeof section196 of theIndian Penal Code.
(l) TheStateGovernmentmaybynotification in the omoiBlGazette make rules to carry out the purposesof tho Act.
(2)In particularandwithoutprejudiceto the generality ofthe foregoingpower,suchrulesmay providefor all or sny of the followingmatten, namely
(a)the fixationof time for preparationof 80beduleunder geotion 4 ;
(b)the form in whiobthe scheduleunder section Till be pNpara ;
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Power to r »•nove 1-6
(c)-the method of publioation of the Schedule prepared•under section 4 and bf the award made under section 6 ;
(d) the manner of service of notice under section 4 ;
(e)the mannerOf holding enquiriesunder sections6 and12, and the conductofproceedings under section 19 ;
(f) the form of the award made under section 6 ;
(g)the procedurerelating to appealsunder section14andthemode'ofdisposalofsuchappeals; (h)the authorityto conductproceedingsunder section 12 ; and
(i) anyothermatterrequiringto be or which may •be prescribed under this Act.
22. If any diffculty arisesin giving effectto the provisions of this Aot, t' OStateGovernmentmay, Asoccasionmay require,by order,do•anything,not inconsistentwith this Act or the rules.madethere. under,which appearsto them necessaryfor the purposeof removing the diffculty.
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