Tamil Nadu act 003 of 1955 : The Tamil Nadu Irrigation (Levy of Betterment Contribution) Act, 1955

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Keyword(s):

Contribution, Drainage Work, Irrigation Work, Land Holder

Amendment appended: 46 of 2000

1

1955: T.K. Act IIIJ Irriga f ion (Lev? of 353 Betterment Contvibukion)

THE TAMII; NADU IRRIGATION (LEVY

OF BETTERMENT CONTRIBUTION)

ACT, 1955.

PREAMBLE.

SEC TJSNS.

1 Short title and extent.

2 Definitions.

3 New ayacut zones. * 4 Blocks under ayacut zone.

4-A Levy of betterment contribution on lands in the new ayacut.

4-B Levy of betterment contribution on' lands in the

improve& bi2 + c u t ,

4-C Exclusion of certain landr fro= ayacut in certain cases.

4-D Authorized officer to levy betterment contri- buti:on.

4-E Apperi?. 5 ' Contr.ibution recoverable as arrcar of land , revenue.

6 When contribution' becomes payable.

7 Mode of payment of contribution. Rebate in certain cases.

Payment of contribution by. person having

interest in land, Right of reimbursement in respect of contribu- tion.

Appo~tionment of contribution. I . , Exgmption.

'

Power to make rulod. '

Saving.

Act deemed not to ~ e d t recovery. in certain casea.

Works notified' under certain tulecl. ^I THE SCHEDULE. . '.,

125-3-23

2

p s s ' [ T A ~ NADU~ IRRIGATION ( ~ m OF B-&

CONTRIBUTION) ACT, 1 955 .]

(Rd~ttfved the assent ofthe Gd~grnor oiz the 4th ~ a ~ d h I 955 4 first published in the Fort St. George Gaiiet te, on the 16th March 1955.)

An Act to provide for the l e v of bettement contribution od t

certain lands in the 3[State of Tarnil Nadu.] 'expedient to Qrovide for the levy of better- ution on certain lands in the S[q*a@ of mil

1. (1) This Act may be called the z[Tamfl Nadu] short titie:

Irrigation (Levy of Betterment Contribution) Act, 1955, and extealt. i hes so words were substf:uted for the word ''Madras" by the Tamil

, Nadu Adaptation af Laws Order, 1969, as amended by the Tamil Nadu Maptation of Saws (Secd-dd Arrlendment) Oider, 1969. a Far Statement c f Objects and Rdasons, see Port St. Geot& Gazette, k r t IV-A, dated the 1 St h May 1954, pages 170-1 71. This Act was extended to the adlfed territories by sactibn 3 df, and the First Schedule to, tlle Tamil Nadu (Added TWt-) =tension of IAWS Act, 1962 (Tamil Nadu Act 14 of 1962) ropsalihg the &rfcspbmdisg law in farce in those territories, b

125-3--23A

3

356 I t rigntioil (Lay of 2955 : Y.N. ~ e t m i

Betternlent Contj*ibution) Definitions 2. In this Act, unless there is anythixlg :*. 13:lgnant in

the subject or context--

(1) ', -.tribution5 means the be?tern:o.~t wntribut ion refer--3 to sectioi~s 4-A and 4-R! ;

(2) 'drainage work' inoludes-

I

b

(a) channels, ~~IJcther natural or artificial for the discharge of wasia or surplus water :ad all works *connected with or a~xlliaa-y t o such 01.xtaizlc!s ;

(b) cscapc ch;~~mcls from an irrigali~ri works ;

I

(c) dams, weirs, embankments, sluices and g r o w s ;

I *

I^(d) all works for the protection of lands from I floods or from erosim., which are owned cfr confr01led by the Government, cr which are maintain.ed by them

atherwise than by an assipment of i3.d or land revenue made, confirmed, reoognlzed by the Government, or which, having been constructed by the Government or being maintained by an assignment of land or land

revenue as aforesaid, have not been made over ta 8.n~ person, but does not ificlude works for tltc removal of sewage 8 .

2[(2-A) 4executiou' in relation to a notified work means the oonstruction, expansion or dtiraiion of the notified work ;]

(3) 'Government' means the State Government .

9

3[(3-A) 'improved old ayacut' in rel8tion to any notified work means a.11 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 d e c ~ y or injury.

1 These words, figures and loiters were substituted for tb wards 9 and figure "inseotion 3" by .:u;tion 2(i)0f tha Rmi2 &ada Irrigation '%u

(Levy of Bet torment Contri t a l i : :i,n) Arnen(1mi.v t i ici , 1963 up,mj 1 Madu Act 32 of 19631,

9 This clause was insorted by ~ectian 2 (ii), ibid,

3 This clausa was insertrtcd by ssctian (2) fiii), ibid.

- - - - -. - ---- -- 4

4

- - - prer - * S 1 9 5 5 : T.N.Act1a-j IrrigatIon(&ev~of 357 Betterment Contributim)

I

Expl~natr ion 1.-For the purposes.' of this &use,

. lands shall be deemed to be significantly benefited byz the execution of a nptified work if such lands-, .,^*

(a) having been under *single . crop i rrigah 6n .' or - double crop irrigation from a Government source' :of' - I irfimtion before the execution of . the notified ,worR

continue to be under such irrigation and are (pxovi&d

. with a more adequate suppg "or better assured hup~1y;of.

' water for irrigation as a:result ' of the pxecutioq of,

. notified worjb=, or ., . .^**, , ". , h , . f , . * ,

a ,"., . 7 . , I . ' \ " , f ' A . .. .

. (b) +haying been liable . . nmbeneficial subinersion a

or stagnation of whter -before the executim fi~of .the: - *

notified work, have been subst antially .relieved : of;such: , submersion or stagnation as a result ofithe *-execution iof>

the notified work : . : b . . . ! .; i . . . - . ; 2 .A A . Provided that no lands s&ll .be : bdj '&=iil

ficantly benefited if the more .ailequate siippy '# 02' better::

assurd supply of water for . irrigati ~n refertea to. in' clause (a) of thi s explanation or the su bst&ntial:relief. of submersion or stagnation refersd to in clause (@ of ' .

this explanation is as a result of more repairs or resto- ration of the existing irrigation or drainage work to its original state after decay # . or injury. < <

i \ q . . ,t "Xi:

Explmation II*-E'O; the'' purposes of - ~x~lanat~ibn I, $;?!;LT ' . '$$#;, the question whether any land-- , r . .

(1) is provided with a ' more adequate supply or - better assured supply of water for irrigaticn shall be

decided ' wlth regard to- ' . c . f. - (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 ouration ; and .

(iii) such other like matters as may be preso~ibed by rules made by the Government ffi this beha.lf..

(2) has been substantially relieved of the non- . beneficial submersion or stagnation of water s h d be decided with regard to-

(i) tho improvement* of the land on account of . the protection from submetsion or stagnation or on

account of the reduction in the period Of submersion or stagnation ; and

(ii) such other like 'matters as may be . pres-

~ribed by rules made by the Goveroment in this behalf, %

5

358 Iraigution (Le VJ? of [ $955 : T.N. Act U[

b

Bettamen? Coat r!brstimr )

I;.. - 3 ' Explrmation Ill.-A land shall be dccincd to bc signifi- mat&. benefited notwithstanding that the benefit is not enjoyed, provided that such non-enjoyment i s due solely to action or inaction on thc part of the person or persons interested m such land ; ]

' (4) 'irrigation work;' includes--

(0) all canalsl clpnneli tanks, wells, reservoirs,

ponds, spring ponds and madu~us uscd for the supply or stotage of water, and all works, embankments and attuctures (other than escape channt 1s) connected therewit& or suxjliary thereto, jvhichr, are owned or controlled by the Government, or whi ;h are maintained by them otherwise than by an assignmmt of land or land revenue made. confirmed or recognlsd by the Government, or which, having been ~nstructed by thd Government or being maintained by an assignment of land or land revenue as aforesaid, have not been made over to any person ; - (b) all such lakes and other natural collections of water or parts thereof as are situated on 1 ~nds which are the property of aovernrnent I

(c) all rivers and natural streo.ms or parts thereof;

(5) 'land holder' in rclaticrn t o :n;y lan tl meLuls tlic person liable to pay the pablic revcnur duc on the land ;

l[ Provided that in respect of any land comprised in the holding of a kanarndar or a customary vcrum- pattamdar in the territory to which the Ma,la'har Tenancy Act, 1929 ( 2[Tamil Nadu] Act XIV of 1930) sxtends, the Lanamdar or the customary verumpatta.mdar, as the case may be, shall be deemed to be thc 1:md Ao: .l .r i n rcspect of such land ;'I

3[(5-A) 'new syacui' in re1;liion to :illy n{>ti!icd work:

means all lands which i ~ c benefited by i h u ~ :~ccut ion of ^'

the notified work. -- I__ I__)_- -- --- - -- -- --

1 This proviso was sui>st~tut,ted for the original prci?. i : . t E 1 (,:I?USC 3

of, and tho Schedule ta, the Madras Adaptat ion i),' L:-wrc Ordor,

2 957.

ZThese wards warosubstjtirtctct for the word "Mmdraby Ibo Trtmil^\

Nadu Adaptation of Laws Order, 1969, as anletldod hy 1 11r: Tami f Nadu Adaptation of Laws (Snwud Arneudmont) Ordor, 1969.

3 This clause was it~surtsd by sect i a ~ 2 (i v) uf t 1x0 Tcznli X Nadu Irrigation (Levy of Dottermen! (:untributiol) men*! wonr Act, 1968

I (Tamil Nq&i Act 32 of 1 9 6 3 ,

6

1955 : T.N. Act 111 ] irrigation (Levy of 359 Betterment Contribution) .

8 ~ p l ~ t i o n I.--For the purpose of this nil ise, lands

shall be. deemed to be benefited by the .execution of a notified work if such lands-- .

*

(a) having been left was& or under unir~igated oultivatioa befoie the execution of the notified work have been brought under irrigation subsequently with water

supplied from a Government sout*= of irrigation as a result of the execution of the notitied work,. or

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

Explanation I".-A land shall be deemed to be benefi- ted notwithstanding that the benefit is not enjoyed, provi- ded that such non-enjoyment is due solely to action or inaction on the part of the person or persons interested in such land ;] I

I

. " \!

(6) 'a atification' means m o t ifickion published in the *f9rt St. George Gdzette ;

e l[(6-A) dnot ified work' means any irr igation or ) . :.:

' drainage work executed on or after the 1st January 1947 ' a.nd notified by the Collector of the district in the District

Gazette 4 $

I

(7) 'prescribed' means prescribed by rules made

under this Act ;

e[(8) * *' . * I* .

8 .

1 This clause was inserted by seation 2 (v) of the T&I Nady - . -) ",.

Irrigation (Levy of Betterment Contribution) Amendment Act, 1963 . .

@ad1 wadu Act 32 of 1963). ^{. .} : 9 This clause was omitted by section 2 (vi), ibid, . , , , , . I ' :' . . . I ' I , , - . , . ,; 1 : < : * ~ d w tb ~ a m t l N U ~ U ~ovenrmeiit ~ ~ s e /to. . I % .. "

f .

7

New ayacut '[3.' (1) Any "lew aycut in cvtry nctified work may

I

I 'Ones* b2 cl?.ssified into sne br more of the followag zont s, I namely :-

I (i) wet zone ;

I

I (i i) intermsdiary zone ; or

I

I (iii) irrigated dry zone.

I

I (2) A wet zone shall comprise all tne lands for which I the w2ter supplied as s result of the execvtion of a notified I wcrk will be ordinarily su%ci~nt fur on: wet crop in a fasli I

year.

I (3) An intermedi2.r~ zone shz.11 comprise 211 the

8

. - - - * - - - - -^-

539 .~.fi. ~ c t m I 3 irrigation (Levy - of . \\

361; .s Betterment I-Cont rlbution) , . * \ .4 -- I - , (c) BBlc~k 'C' shall consist of c o a t i ~ ~ w s lands -of wet'daram 6 ;^'i . I

' ' . - . . )* .

E,*

1

I t f r . ' :: - --^{/ *}? $ t ; j l , '

9 ,

", ?- " . ' (2) Dry lands s b l l ba classified according to %lieL 1 , corresponding wet taram rates.

f i C , * * " . , -

. e ! ,,? I . . , r

g q ' '' 4-A. The Government? shall entitled t& Ipw Levv of better-

betterment contribution from the land hnlA - ,.^{V AV V J"} .I -- ------ merit contribum --- -----VA-YA wn everx t~on on lands in acre of land in any new ayac~t in accorda ilce with the rates the new ayaout.

specified iri, t he schedule : d

- . Provided that no betterment cont~ ihntion ~ h n l l ha - - -^--'A------a "U" l^{A uu} levied on any land in any new ayacut i~nder a notified

work, the cost of which does not exceed nnp 12th anA

. - . 4-Be (1) The Government shall bc entitled + o levy Levy ~ f b e t t e ~ men t cant ribu- a. betterment contribution from th2 landholder on every tion on

in acre of land in any improved old ayacut in accordance the improved

with the provisions cf this section :^-1rl swans*+

Ulu CbJaWUb.

P~ovided that no bettermknt ' r .nn,tr ;hr~+;r \+r n h e l I I., - - ----- ---=r w v l r r l ~ v c L L ~ V ~ & D l l U l l UF

ievied . on any land in any improved old ayacut under a :

notified work, the cost of which does not P Y C P - ~ nnp 19th . - - - ---. - -.+ .-rv-. v r a v r\r +krq

and fifty thousend rupees. < .

(2) The net expenditure on the notified work shall ' be ascertained. by deducting from the gross expenditure on sdch work twenty times the annual increase in revenue, if any, from all t h ~ lands comprised ill the Improved old ayacut and in the new aya cut. The net expenditure as so

'as'certirined shall ba apportioned in the prescrib3d manner on all lsnds compl ised in the improved old epcut .

Sections 3, 4, 4 - 4 4-B, 4 4 , 4-D and. 4-E were substituted for a1 seCtiaos, 3 and 4 13y sect ion 3 oftthe Tamil Nitdu Irrigation of: Bettmbent CLlrrib,: "+i~3ada)ept Act, 1963 ('I'afnil Act 32 of 1963).

9

362 Irrigation (La* of [ 1955 : T,N.'Aet 111 Betterment i%ntrlb@tion)

E x p l ~ t i o n I.--The expression 'annual increase in revenue' in the wse of lauds other than th.Jse specified i n Explawtion 11-

(a) means the increase in r yotwar i assessment and

the increase in water -cess ascertained in t hc prescribed manner where such increase is as a, rest^!! of the execution

. of the notified work ; and

(b) includes the additional assessment or additional water-cess, if any, under the '[Tamil Kadu] Additional Assessment and Additional Water-cess Act ,jl963 (luamil

Nadu] Act 8 of 1963), as xrtainctd i n the pe s~c i lxd manner. Explanation 11.-The expression 'annual increase in revenue'-

(a) means--

(i) in t'ie case of estates abolished under the '[Tamil Nadu] Estates (Abolition and Conversion into Ryot wari) Act, 1948 ('[Tamil Nadu J Act XXYI of 1948),

t he difference between the land revenue under section 23 of that Act and the rate of assessment imposed at a ryot- wari settlement egected under section 22 of that Act, ascertained in the prescribed maanel- ;

(ii) in the case of an inam-estate abolished under the =[Tamil Natluf Inam Estates (Abli t ian and Conver- sion into Ryotwari) Act, 1963, the difference between the land revenue under section 21 of that Act and the rate of assessment irnfwscli at a ryotwari settfeme~t effected under section 20 of that Act, ascertained in the prescribed manner ;

;':;) in the case of a minor lnani abolished under th- '[Tqrnil Nadul Minor Inams (Abolition and Conver- sion into Ryotwal-i) Act, 1963, the difference between the land revenue under section 12 oft hat Act and the rate of assessment irnpc2srd at a ryot wari sett!ement effected under section 16 of that Act, ascertained iⁿthe prescribed manner ; and

4 These words wore substituted fw tho word "Madrast' by&

Tamil Nadu Adaptation of Laws Order, 1969, as amended by thg Tarnil Nsda Adaptation of Laws @w&G Arna;rdn?cnt) Ordqr, 1969,

10

, 1955; T.N. Act 111 ] Irrigation (Levy of 365 -

Betterment- Coneibutia )

. , (iv) in the case of a lease-hold 1141; .ge hbolished under ' the l[Tarnil Nadu] Lease-holds (Abolition and Conversion i n t ~ R;~tw-ri> !kt, 1963, the difference bet- . ween the land revcnue under scction. 15 of that Act and the rate of assessment impcsed at a ryotwaxi settlement effegted under section 14 dfthat Act, ascertained in the prescribed manner : - +

(i) the land revenue referred to in clauses (i) to

(iv) is less than the rate of ryqt~ar i assessment rqfersep to in those clauses and has been determined before the e-aufiqn of the notified work ;

(ii) the notified work k s executed aftet ihe

abolition of the estate, inam estate, minor inam QF a

leaseaold village, as the case may be, and before effect-

ing tbc ryotwari settlement referred t6 in clause (i), (ii),

(iii) or. (iv), as the case ,may be: and

, ,

L 1

' @) includes the additional assessment or - ' additional water-cess, if any, under the l[Tarnil Nadu] 5 . ,, . Additional A$sessment and Additiohal Water-cess Act,

' 1963*C[Famil Nadu] Act 8 of 1963), ascertained in . the - .

prescribed manner. I .

I

(3) The betterment contribution shall, subject to ,a -

rnaxi$qu$ of $fiy rupees . per gcre, be ose-third of , , . -^{.,a .}

1* ' . .nd'espnditure F r acre of lsnd appertioned qnder sub- r L ' - , .:

sectioh(2).^Y

* . .I

8

iu. . - 2 4 - ~ 6 (1) Any offlcer of the 'Revenue Department Exclusion of not lbwer in rank than a Revenue Divisional Officer & ~ a i n lands specially authorized by the Government in this behalf from.ayacut in (&rein' after refxred to as the authorized officer) mmt)i,, catan

:;. from time to time postpone, the inclusion of snj. land . i0

' . the ayaout of a notified work , for such period as he may,

" by order in writingspecify, on the ground that such land

. require* expensive lowering of the level or on such other

- proend as may be prescribed.

I These words were substituted for the word "Madras" by the Tamil Nadu Adapt ation of Laws Order, 1963,as amended by t he Tamil^, Nadu Adaptation of Laws (Second Amendme.lt) Order, 1969.

2 Spctions 3, 4, 4-A, 4-B, 4-C, 4-D and 4-E kere substituted for original sodiqns 3 and 4 by section 3 OF the Tamil Nadu Trri

(byr of Bet torment ~Cantribut ion) An)qndmcnt AF~, 1963 N ~ d u A@ 32 ~f 1163),, ^'

L

9 .

4; &A;.

11

I

3 64 Irrigatfo~r (Cevy of ,T 19-55: T,N, Act In Bet ferment ribtlli~"~?!

6

Explanation.--For the purposes of this sub-section, expensive lowerirtg of the level' means any reclamation involving expe aditure exceeding one aundred rupees ,per acre.

(2) Where tho p&od specifid in aqr ordm u n b sub-section (1) expires,. the land referred to in qub-section

(1) shall be deemed to be included in the ayacut; afore- said and the Government shall be entitlad to levy contri- bution under this Act on such land with effect from the fasli in which such land shall be deemed to be included it.t the ayacut under! this sub-saction.

(3) Wbere any land incluGecl in the ayacuti of a notified work is not fjt foii irrigation on thc date of such inclusion for such reasons as may be presdbed and is subsequently brought undm irrigation, the: Government shall be entitled tc levy contrib~tion -rincl~r this Act on such land with effect from the fasli in whiclh the land is so brought unde~ irrigation.

Au~horizcd l4-D. Every authorized officm shall levy betterment

officer to levy contribution 6nder tbis Act in respect of any land situated betterment con-

trihutinn - within his jurisdiction : - ---- .

ProvlbU.' that w h o the ayacut of a notifiad work

lies \;vithin the jurisdiction of mom than om authorized

offimp, the Governlent may, by genord or special order,

specify the offiwr who should levy betterment contri- bution in respect c\f Iands in such ay8cut. Appeal. l4-E (1) Agaimt any decision sf the authorized officer with respect to the levy of battement contribution .I under this Act, an appoill shall lie to the prescribed authority and such authority may make such order in the case as it may think fit.

(2) Any decision of the authorized officc~ with

, respect to the levy of contributicn under this act^^, subject to the right of appeal. provided in sub-section(l), be final, shall be binding on all persons having interest in the land and sha!i r.ot be liable to ba qt~sstioned in a court of law.]

1 Sections 3, 4, 4-A, 4-0, 4-C, 4-33 and 4-E were substituted for .

original sections 3 a id 4 by sect ion 3 of the Tamil Nadu 1r.i ation ( ~ e v y of Bettermer. Cmtri but ion) .4rnenectment Act, 1963 hqrni1

Nadu Act 32 of ls63).

12

- - -

1955 ( T a . Act m] Irrigatio~j (&vj of 365

, Betterment Contribution) 5., Contribution payable under this Act in respect of Contribution

any lahd shall be deemed to be public revenue due upon recoverable as arrear the said land3 and the land, its products and the buildings of land

(owhed and occupied by fhe landholder) standing upon revenue.

the land shall be regarded as thetsecurity of the contii- bution. When the whole or portion 'of an instalment of the contribution payable in any year is not paid on bhe

due date, the amount of the instdnent OP its unpaid portion shall be deemed to be an mear of land revenue and the provisions of the .'[Tamil Nadu] Revenue Re- .

covefy Aot, 1864 CpamilNadu] Act 11 of 1864), and of the Madras - City Land ~ e v d u e Act, 185 1 (Central Act XI1

of 1851), as amended by the Madras City Land Revenue

(Amendment) Act, 1867 (Madras Act VX of 1867), shall

apply to the recovery of the eaid =ear as they apply to the recovery of the revenue due on the land.

6. (1) ContFibution shall become payable iinde~ this Act Wheq

,on a written notice of demand therefor 2[issued by the tion on

authorized ofim] being servedl on the 1andhoIdm : payable. . provided that no such notice shall be ss !ved until the expiry of two years' after the date of completion of the' . a[execution of the notified work] :

Ppovided fur the^ that whore, $efore the cornonce- ' ment of the lPdf Nadu] Idgation. (Levy of Betterment . Contribution) Ameudrnent Act, 19631, two years or more .

1 These words were substituted fort he wmci "Madras" by t he Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil ^'

~adu~Adaptation of Laws (Second A~nen'dmen?) Ordin;, 1969.

.-.

a ~ h d s words were substituted for the words "issued by an officer zed b the. Oavernment in this behalf" by ssctioh 4(i) (a) ~ a m i ? ~ h d u Irrigation (Levy M, Betterment Contri butigin) mat Act, 1963 m m i l Nadul Act 32 of 19 63). . .

i s 8 ~wd words were substituted fir the wards "constructim, pansion or alteration of the work'* by section 4(j)(b), i bid. +

and figures &substituted for t he, words nt of this Act" by section 4(i)(c) (1); Ibfd.

1

have elapsed from the date of completiot~ of the l[execution of the notified work], such notice may be served at any aims after such uomm~ncement.

9

(2) For tho aroidanco of doubt it is hereby daclamd that it shall tmc be nwmsary to serva slotice on any person other than tlte landholder, who has an interest in the land or on sb s~~cc~ssos-in-interwt of the landholder or in respect of any instnlment of the contribution. 2[(3) (a) for tito purposes of this section, the execution of a notified work shall be d e e d to be completed on the W e of cessztion of all work connected with its ex- -cution or on the date when the notified work is ready to be put in actud operation, whichever is iakr.

(b) Tho dates refarred to in cl:tl~se (c) shall be notified by such authority or onicer atxi in s u ~ h manner, as may he pra%~it-bect.l

Mode of 7. 3[(1) The contribution payable by a landholder pay.men! of shall be paid by him in annual instdments. The annual contr~button.. instalmenti per acre shall be five rupees or one-twentieth of the total amount of the contribution payable by him,

whichevm is higher :

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

(2) Arrws of instalrnents of the contribution shall bear interest ~t the rate of six per cent per amurn and such interest shall be mcoverable as arrears of land: revenue.

1 These words were substituted for the wmds ''wnstructim, expan- - sion or alteration of tho work" by sect ion 4(i) fc) (2)' of tke Tami 1 Nadu Irrigation (LC\? of Bctterrment Ca~tribution) Amerndm~nt Act,

1963 (Tamil Nadu A c f 32 of 1963).

a This sub-section r v s scbstiruted for the original gu-tjon

(3) by section 4 fii), ibid,

8 This sub-s8(:tion waq subtit uted for vrigifiai au

by seqtipn 9 . fbtd*

14

1953: P.N? A C ~ m 1 tr?ig&tion of . '367 ' < ' , i Betterment Contribution). I . c

' 8 - 8. If the Govmiiment accept .any msney from , any .k~hqd .

pirsdfr ,for the lrexecution of aby notifid ~ o t k ] atxd siEb b61;tiild cases. pcfsofi 0e6omes liable to pay contributidn in reripe& df

: any laad behefited by sach 2[eaecuWn], the sup .a&pted ftom him shall be credit@ towards the contiibutfih ^fl

nayable by him. -

9. .Any petson having interest in a laad may, notwith- Papent of standing that he is not the landholder d such land, pay contribution thq ;Contribution payable by the landho lder3.in reepsct af person having

- inteyst in land. such land end shall, if such person pays the entire contti- h i o n within a period of two - years from the date- on which the landholcler becomes liable to pay the contri- ^{. -}

bution, be entitled .to a s[rebate as such rate at may be prescribed.] ,

'

16. W e the landholder not being in the territory Right of reimbursement - to which the Malabar Tenancy Act. 1929 (4(Tamil Nadu'J in ,f Act XIV of 1930) extends, a kanamdar or a cusfomar{ &ntributioa verIutnp8ttaindar, 6[ .

gable to pay contribution under this Act is not the owner ^'

of the land or L a co-owner of the land, nothing in this .

Act shall be deemed to affect hi$ right to reimbursement from the owner Or to recover proportionate part from the co-owner, as thc case may be.

4 -

1 These Words were substitutgd for the wotds "~onstruct'i~n expansion or alteration of any work" by section 6(i) of the cl[arnjl Nadu r~ri&at ion (Levy of Bettermtiit Cbdtii bu tionj Amendnient Act, 1963 (Tainil Nadu Act 32 of 1963).

2 This word was substituted for the words "construction, '

expansion or alteratio~~" ^{by s}e t ion 6(ii), ibld.

8 There words were substituted for the wor,ds "rebate of twenty ,

,per cent'' by section 7, ibid.

4 These words were substituted for the word ''MadrasW by the Tamil Nadu Adaptation of Laws Ord'er, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,

1969.

6 The words &'or in the South w a r s district, a Waia- warqada~ Kayemgenidar, a permanent tenent or a rnulbeni tenadt8' .

were omitted by clause 3 of, and tho. Schedule t G, the Madras haaptation of Laws Order, 1957. ^'

, .,

15

Apportion- ment of contribution.

$

368 fir!ya:!ioti (Eevy of [I555 : T.N. Ac,e; III i; 5

Bet t errnett t C b r tribrct iw f i

I f . Where a lalldholder whose case is not covexed

by sect ion 10 and who has paid an instalrnent of contribu- tion under this Act is not thc occu2icr o^fthe land, he shall, in the ..: wee of a contract to the contrary, be entitled ,,, recover the amount of such instalment from the person who is in actual cccupation of the land during the year in which the said instalment is p q d ~ ! ~ . ;¹

Provided that wfierc such person is a tenant, the land- holder shall be enti Ied to recover from the tenant the instalment of contribution referred to i n this section only if the tenant is !iable under any law or custom of the . locality to delivez to the landholder a share of the produce and such sharehas iiot been altered subsequent to the com-

pletion of the work by agreement between the parties, and

.the amount that can be recovered from such ,z tenant shall

bear to the total amount of the instalme:nt the same pro- portion as the tenant's share of the produce bears to the total produce of the land : .

.. Provided further that, where the landholder has paid the entire contribution with a rebate under the proviso

I to sub-section (1) of section '7, a twentieth part of the

sum actually faid shall be deemed to be the instalment

of the contri~ution payable during every year during

C which an instalment of the contribution would have been

payable had the entire contribution not been so paid. Exemption. 12. If, in the opinion of the Government the eflorce- ment or strict enforcement of all or any of the provisions of this Act will csuse hardship in any case or cases, the Government may, by notification, setting out the ground therefor, excempt either permanently or fon a specified period such case or cases from all or any of the provisions of this Act, subject to such conditions, if any, as the

aovernment may deem fit to impose.

.I

Power to 13. (1) The Go~~ernment may, l[ " * f , make rules

make rules to carry out the purposes of this ~ c i a l& in particular-

(a) for the delegation of their powers to the Board of Revenua, 2[Collectors of the disirict:-'; 3.: other authorities;

_II-.-

I The words b6b3 natiificati~n" were onni!tt.~d by section 8 (i) (a)

of the Tamil Nadu Irrigation (Levy of .Bettcrmant Contribution) Arnendinent Act, 1 9 63 ("Fcmil Na du Act 32 of 1 963). s These words w2re so:?stit uted for the word a 6 C ~ i l s t o ~ * by section 8 (i) (b),

16

370 ir.risuiron (L~iy q/' Belter'jnair / 195;; 'C.N. Act Ill

Cufitriblrtiorr) t

Act dcclncd 1115. Subjc~i t .1 t h ~ : provisicllis ol' scciioll 8, ilothiug

to affect contained in this ALL shall be deemed to 1ii1.i:~ o i othuwise recovery In certain c lset, affect the power of the Governrnellt to rccovar any money which any landholder of any lalid i u ihc i~yltcut of any

notified work may l~avc agreed bcforc ihi: date of the commencement of the "Tamil Nndu] Irrigation (Levy of Betterment Contribution) dmendraent Act, 1963, or may

agree after that date, to pay to the Governmen; as a condition precedent to the execution uf' :ti,:. such work.

Works noti- 16. Notwithstanding anything contained in this Act fied or in the 2$T~amil Nadu] Irrigation (Levy of Betterment certain rules, Contribution) A nendinent Act, 1963, isny work specified in the list of norks published by the Collector of the

district in the Llislrict Gazette before the date of the

commencement of the 2[Tamil Nadu] 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 noti- fied work under this Act as amended by the 2[Tamii Nadu] Irrigation (Levy of Betterment Contribution) Amendment Act, 1963, and the provisions of this Act, as amended by the said Act, shall have effect accordingly.] a

----- m *---- ----- --I ---- - --_.- - _ U I Secfions 15 and ?(i aitd the Sclpdule werc added 11y section 10 of the Tamil Nadrl irrig ttidn (Levy of Batcr manl Contribution)

Amendment Act, I 6 3 !'1"11ui? Nadu kci 32 i)f 19631.

These woi-ds werc sub~titutcd for ,he ivi1rd "i\.?admsY' by the Tamil Nadlt A~trip.tut~i,ir ( ~ f Laws Olrlcr, i36:" ti-, amendlc 1

by the T-*mi! N.LIIL: 1 i J ! Aa~el~dri~eul) Order, 1969.

17

(See section 4-A.)

C

Schedu'" of mteiPer acre. uv ec htemedi. * Irrigated zotte. ary zone. &y zone. Block B . .

Block C . .

Block D RS. p.

. . 200.00 '

. 180.00

* * , 16O.0OA

. . 140.00 ,

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

18

t TAMIL NADU GOVERNMENT GAZETTE EXTRAORDTNARY 149

ACT No. 46 OF 2000.

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 5th. December 2000 and is hereby published for general

19