1953: pb. Act II.] BETTERMENT CHARGES AND 105
ACREAGE RATES
THE PUNJAB BETTERMENT CHARGES AND
ACREAGE RATES ACT, 1952
TABLE OF CONTENTS
Sections.
=
10.
11.
12.
13.
14,
15.
16.
17,
18.
19.
20.
io
o
N
D
YW
Short title, extent and comme ncement
Definitions.
Irrigation schemes and notification of
ment charges.
proposal to levy
better-
Procedure for levy of betterment charges.
Amount of betterment
charges.
Levy of acreage ra
tes.
Finality of sched ule of betterment charges and acreage rates.
Demand of betterm
ent charges and acr
eage fates.
Mode of recovery of
betterment charges
and acreage rates.
Postponement of
recovery of better
ment charges and
acreage
rates in certain
cases.
Appointment of b
etterment charges
and acreage rates.
Betterment char
ges and acreage
rates to be a
charge OD the
land.
Betterment char
ges and acreage
rales not to affec
t any other
charges leviabl
e.
Bar to jurisdicti
on of civil co
urts.
Indemnity fro
m proceedings.
Indemnity.
Powers of Cana
l and Reve
o attend W
of Canal a
nue Officers to
summon pers
ons.
Penalty for
failure t
ithin limits o
f estate in obe
-
rad
nd Revenue Of
ficers.
dience to or
ders
Power to
make rules.
Repeal.
1
1953 : Pb. Act II.] BETTERMENT CHARGES A ACREAGE RATES = a
HE PUNJAB BETTERMEN INT \CREAGE RATES ACT, 19
82)
PUNJAB ACT NO. If OF 1953 [Received the assent of the Go vernor of Punj
sh Sy 198k wa bles i
Punjab Government Gazette (Extr aordinary) 0
the 21st January, 1953]. _— | 2
3
4
Year No. Short title Whether affected by later
_ ; _
_ _
legislation
1953 1 |
The Punjab Betterment Amended j
|
Charges and Acreage of | an Punjab Act No
. 2
Rates Act, 1952 Ame nded by Punjab Act No. 7 of 1959.2
Amended by Punjab Act No. 34
63.
Amended by the Punja b Re-
organisation (Chandi garh)
(Adaptation of Laws on State
and Concurrent Subjects)
Order,
betterment charges and
An Act to provide f or the levy of ds in the State of acreage rates on ce rtain lan
Punjab.
Si
It is hereby enacte d as follow
d the Punjab
Better™
1. (/) This Act may be calle ment Charges and Acreage Rates Act, 1952...
,
5((2) It shall ex tend to the terr itories which 1 m-
mediately bef ore the Ist No vember, 1956, were comprised in the States of Punjab and Pati ala and Fast Pun jab States
Union].
(3) Itshalle me into force at oO
sen
7
nt Gazette e Punjab Garerane ss Gaeret
"TFor Statement of Objects and
,
(Extraordinary) , dated 25th Oct ober, 1952, pas es 1208-1209 siet h November 1952 Select Commit tee, see Pu
nja Governm
ent Gazette, dated:
re wiative
Part V, pages | 35146 ; for proceedigas !n t he Assembly, see Punjab Leg
Assembly Debates
, 1952.
.
-4Bor Statem ent of Obje cts and Re asons, see Punjab Gov ernment Ga zette
(Extraordina ry), 1958, Page 453. Objects an d Reason
nce.
ov
5, see Punja b Governm ent Gaeetl e
zette
(ext mae State ment of 197 'xtraordinary), 1959, age .
'For Statement
7 Obje cts and Re asons, see Punjab Gove rnment Ga (Extraordinary), 1963, pase 1159. This Act came into force
t notification 1958.
'Substitut
Punjab Act
No. 12 of
onthe 15th
eae re o958,—
vide Pun er
Sevenm
No.6136/Irr./W/58/
40640, dated the {5th N ovember,
Short title, exten
t
and commences
ment.
2
——_
7 HS AND [1953 : Ph, 4 STTERMENT CHARGES _AN' - Act 1. 108 BETT ACREAGE RATES Dateien 2. In this Act, unless the context Otherwise re. miuions, .
quires, —
(a) ''acreage rates'> means the charges le chi levieg under section 6 on lands included in an Irrigation gc heme :
"betterment charges" means the Charges (2) levied under section 4 on lands included in an irrigation scheme ;
(c) "canal" includes—
(i) all parts of river, Stream, lake or a n collection of water or natural drainage channel to which the Provisions of Part II of the Northern India. Canal and Drainage Act, 1873 (VIII of 1873), Vitor tg apply ;
(ii) all canals, channels, Teservoirs, wells, tube- wells and lift iirigation arrangements Con-
(iv) all watercourses, that is to say, all channels Which are supplied with "water from a canal but which are not maintained at the cost of the Government, and all subsi- lary works belonging to any such Ss; vestment made, the interest
thereon, the cos ane { of maintenance and opera- SCheme or of any extensj ereof ensi ther or of an extensj y aston ton as a result thereof, with weet? 'he period d - id liability has to be discharged = Which the sa
3
1959 ph. Act IL .] | BETTPRMP NT CraRars
ACREAGE R
ATES ne
109
a ' . ss Government means the "(Central GCral Government |; (¢)
(f)ca
prigtion scheme"
ae m
e Means
|
', referred to in
section ee
such scheme as
(2) "Jandown er has the meaning assi the Punjab L and Revenue AG aeeape to itin
1887) *tand includes
Government]
: (XVII
of
iol
(h) " rescrib ed"" means yrescri . under this Act ;
bed by rules made
(i) the expressio n» dand","'tena nt" and '"'occu- iave the meanings r espectively
ancy tenant
them in the Punja b Tenancy Act,
. a assigned to 1887 (XVI o f 1887) ;
(j) the expressi ons "Canal Offi cer" and' "Divisi onal
Canal Officer"
have the me
anings respect ively
assigned to t hem in the No rthern India Canal
t, 1873 (VIII o f 1873);
yal of
1873.
:
and Drain age c
(ji) "matu red
included i n t
subject to payment of section 36 of the Nor thern Indi an
Drainage Act, 1873 (Act No. VIII of 18
73)
during a0 Y harvest]
.
3, Where any schem
0
of A gust, ag?
m
tion after the of the follo wing purposes, 'on of Jan ds from
any ex
(i) the irrig ati n
jected cana l > i wit h-
(ii) the ext ension of irrigation of 4 situ
a ee wist- in the app roved ir
rigation
un
ing canal >
e
a
e
7
p" byt e Punjab 1Substituted for the wyo rds "GOV
of the Stat dC ycurren t Subjects Reorganisat ion (Chan digarh)
(Adaptation of Laws
Order, 1968. aAdded by Punjab Act No. 34 o
f 1963.
y punjab
Act
7 of 199
*Clause (jj) i nserted b
Irrigation sch emes
and notific auion
of roposal to
p
levy betterment charges-
)
'
4
110 RETTERMENT CHARGES AND [1953 ; pp. Ace :
ACREAGE RATES If,
(iii) the improvement of irrigation supply OF cana... factors or water allowances to lands —Pacity al irrigated ; ready
iv) the provision for or the improvement of draj (iv) or any reservoir, dam or embankment Cnet, tructed, maintained or controlled ns-
Government for the supply or Storage of fates
the Government may proceed to levy betternment ¢ sh respect of the lands which are included or are kee' be included in the irrigation scheme by Notifying in the
official Gazette a copy of which shall be posted at a Cons- picuous place in the village affected and in such other man. ner as may be prescribed its intention so todo and Shall specify in such notification such particulars respecting the
proposed levy as it may think necessary, including parti-
culars respecting the type and extent of Irrigation propos-
ed :
Provided that no betterment charges shall be levied in relation to an irrigation scheme where the charges ordinarily leviable under other laws for the time being in force are sufficient to cover the cost of the scheme:
Provided further that the amount of the betterment
charges recoverable from any scheme will be limited to
the difference between the investment onthe scheme and
such part of it as may make it productive,
Explanation I. "Capacity factor" means the ratio of
the mean supply to the authorised full supply discharge of a channel, and "mean supply" for a period connotes the sum of the daily supply in cusecs divided by the number of days during that period.
Explanation II, "Water allowance' means the design- ed number of cusecs of outlet or distributary capacity per
thousand acres of land included in an irrigation scheme.
Explanation III, "Cusecs" is the unit of discharges
and means the rate of flow of one cubic foot of water Pet
second.
5
1953 »pb. Act I.) BETTRRMENT CHARGES ANT 111
ACREAGR RATES
4, (/) At any time after the expiry of one from the date of the publication of the Notification referred of hetterment » in section 3 the Government may cause q schedule of ""** petterment charges to be prepared for all lands or class of jands included In an irigation scheme showing the rates at which the charges shall be leviable on the lands and payable by the landowners and occupancy tenants thereof and the proportions in which the charges shall be so pay-
able.
MONCH Procedure for levy
(2) In preparing a schedule under sub-section (/) for the levy of beiterment charges in respect of any irrigation scheme regard shall be had to the fol owing, namely—
(a) the type of irrigation ;
(6) the improvement in irrigation ;.
(c) the extent of betterment accruing to the lands.
(3) A draft of the schedule prepared under sub-sec- tion (J) shall be published in the official Gazette, a copy of which shall be posted at some conspicuous place in the area affected and in such other manner as may be prescrib- ed.
(4) Any landowner or occupancy tenant who may be affected by the proposed betterment charges may, within sixty days from the date of the publication of the schedule in the official Gazette, or from the date of its publication in the village, whichever is later, present a petition in writ- ing to the Government stating his objections, if any, to the levy of the betterment charges or the rate thereof.
(5) After considering the objections and after making such further inquiry into the matter as the Government may think fit, the Government shall determine the final schedule of betterment charges and cause the same to be published in the official Gazette, and in such other man- ner as may be prescribed.
6
yt 112. BETTERMENT CHARGES AND [1953 ; pp, Act fy
ACREAGE RATES
Amount of bet- S. (/) The amount of the betterment char nt changes £es leviah terme s. , ; 1 char; le : t of any lands included in an irrigation Sch shall not exceed one-half of the difference between t° value of the lands with reference to such date Prior to the commencement of any work in connection with the in
rigation scheme as the Government may, by Notificatio
in the official Gazette, fix in this behalf and their estimat.
ed value with reference to such other date after Such
commencement the Government may similarly fix, and
such valuations shall be made in the prescribed manner,
(2) Where in an irrigation scheme only lift irriga- tion arrangements are maintained and operated by the Jandowners or occupancy tenants, the betterment Charges leviable shall not exceed one-half of the charges which would otherwise have been payable for gravity flow irriga- tion :
Provided that whenever such lift irrigation arrange- ments are converted into gravity flow irrigation, the land- Owners or occupancy tenants, as the case may be, shall be 7a to pay the full betterment charges in respect of the nds. Power to levy "SA. (/) Notwithstanding anything to the contrary afvance payment Contained in this Act and subject to the provisions of Oo ermen realisation SUD-Section (2), every person liable fo pa betterment tye en charges under this Act shall with effect a, the Kharif harvest of the agricultural year 1958-59, be liable to pay to the Government advance payment of betterment charges 1D respect of his matured area at each harvest at such rate not exceeding (wenty-five rupees per acre of such area as the Government may by notification direct :
Provided that the Government may fix different rates for different matured areas.
(2) The liablity to make advance payment of better- ment Charges shall cease f; Tom the date on which the Schedule betterment charges has been published in the official
7
. pb, Act If.] BETTERMENT
1953 ACREAGE RATES ROPES. AND 113
3) The amount of betterment char ' erson 1s liable to ply under this Ac t hae any
from him after deducting therefrom the amou ear ee vance payment of betterment charges paid by him of ad-
(5) If the amount of advance payment of
charges 18 found to
be in excess of
the amoliect ee
ment charges the excess shall be refunded by t h
ment to the person from whom it was realised. eGo vent-
(5) The amount of advance payment of b charges shall be realised, and deduction or refund thoreot as referred fo in sub-sections (3) and (4) shall be made
in such manner as may be prescribed.]
6. (1) Where in respect of any lands included in an irrigation scheme expenditure has been, or is likely to be incurred by the Government in the execution of any one
or more of the following works or in undertaking any one
or more of the following measures, namely—
(a) rectangulation, sub-rectangulation or killaband (that is to say, sub-division of land into one- acre fields), | a.
(b) level, topographical or soil surveys,
(c) construction of watercourses,
(d) construction of village roads and works ap-
pertaining thereto,
the Government may, for the purp ose of recouping or mect-
ing such expenditure, cause a schedule of acreage rate
to be prepared showing the r ates at which the shall be leviable on the lands, and the manner mM which and the
persons by whom they shall b e payable.
(2) A draft of the schedule pre ared under sub-sec- tion (7) shall be publis hed in the official Gazette, a cop J
of which shall be posted at some conspicuons place, in the
area affected and in such other manner as may be p!
cribed.
ho may be
(3) Any landowner or occupancy tenan\ tt sixty affected by the propo sed acreage r ates may,
Levy of acreage
rates.
8
a
114 BETTERMENT CHARGES AND = [1953 ; pp. Act r
ACREAGE RATES
of ication of the Schedule - m the date of the publica ion of Schedule j, = boa Gazette, present @ petition in Writing to the Government stating his objections, if any, to the levy of the acreage rates or the incidence thereof.
(4) After considering the objections and after making such further inquiry into the matter as the Government may think fit, the Government shal] determine the final schedule of acreage rates and cause the same to be pub- lished in the official Gazette and in such other manner as may be prescribed, Finality of schedule 7. The betterment charges and the acrea ; 8€ rates chagesand leviable under the final schedules as published under sub. sua rates. section (5) of section 4 and sub-section (4) of Section 6 Shall be final and no court shall call in question the schedules so published or the levy or rates of such charges or the determination by the Government of the Increase in value of lands for the purpose of levying betterment charges, 4 petition to the Divisional
i
€puty Collector objecting - to the
mand or any Part thereof, and the petition shall be dis-
Posed of in such manner and orders assed thereon shall
be subject to such appeals as May be prestites |
(3) Any amount due under a not; hotice of demand shall me f° yO ders that may be passed on appeal under Prescribed. (2), be Payable within Such time as may be
9
(1953 § ph, Act Il
BETBRMENT C ,
ACREAGE RATES HARGES AND 1
f5
9. (1) The betterment c -®
; |
harges and the acreage rat age rates Mode of = reen- he paid in one or mor may P Lore inst alments as may b f
'
Le ( Cc
, vy o hetter-
Pros pr ducgn
rates, werwane
provided that where t
he betterment char
rates are paid in instal
ments interest she larges
or acreage
respec! of such
instalments at su
ch on be pay
able in
cribed and such
interest shal
l be recove a
s may be pres-
manner as the
betterment char
ges or preted
1a the same
acreage rates.
2) Notwithstanding any thi
|
ng contai ths
tion, the Gove a a subject Oo auch condit 8 a6
ribed, allow a landowner to reli nquish any
may 7 pres
art of his jJand in
favour of th
:
he G
. ; faction of th e bettermen t charges ouv able i in' Sat is-
thereof.
yable in res pect
ug-A. (1), Notwithstanding anythi | ined in this Ae pend
ing the ine cation of
'inal
, any landowner
ma
make an advance
.
betterment charges leviable ander e ects pane sum as the Government may by notification direct and whete a landowner exercises his choice to do so he shall not be liable to pay advance payment of
betterment charges under section 5A, and if he has already paid any amount 5A, the advance pa yment payable unde r this
under section
section shall be reduced to that extent.
conta
schedules und
er
if he so Choose s,
(2) The provisi ons of sub-sect ions (3), (4) a nd (5)
of section 5A, sh all, as far as may be, apply to th: pay-
ment made under sub-section (/)
.].
f crops in ANY Post ponems
better-
re has be
en a fail
ure 0
1 1
hi re covery of withstand ing anyth ing to o e 1 OF 0g and s made there- acreage rates.
"
certain case s.
nt of
10. Where the area, the Governme nt may, not
the contrary cont ained in {his Ac t or the rule under, postpon 'od as it thinks fit, the reco-
holly or in part. efor such peri very of any suc
h charge or
rates, wheter
W
rales sh all App ortionment of
betterment
11. The bet terment char ges and acre age
be recover able from the 1a d
owner and occupanc
y tenant
charges and acts o*
'
'
®
ye Tales,
concerned in such propo
! jons as m
ay be presct l ed :
ge T
as
ee
ISection 9-A inse rted by punjab Act No: 7 of 195
9:
10
116 RETERMENT CHARGES AND [1953 ACREAGE RATES
Provided that in making any such a Ween the landowner and the : Ph, Act iT
PPortionmeny occupancy tenant of t bet:
land due regard shall be had t respect of the division of Produce or Capital values be such person in respect of that land - t
Provided further that Owners than one they shall be for the portion recoverable from the similarly where there are m ler ore occupancy feng one they shall be Jointly and severally liable for the Por- Cupancy tenants.
lon recoverable
Betterment charges ; u and acreage rates to 12 Any sums lawfull be a charge on the betterment charges [advance ana. charges] or acre charges payable
from the oc
ge Tates shall tak
O the prevailin
Where there are MOre land. jointly and sey
y due under this Act
payment of
€ priority
€rally Jj
landow ay able
by way of
bettterment
Over all othe;
1 Tespect of the land except and shall be dee med to that extent land and Shall be Betterment charges
and acreage rates 13. The not to affect any €lerment Charges] and other Charges 41: levieble. this Act in respect of any land Sh rates or charges leviab Bar to jurisdiction 14. No civil Court shall hay
of civil courts,
of any matter relating to anythi under this Act. ,
Indemnity from IS. No claim Shall lie
Proceedings, compensation or for the ref acreage rates on account of ] Or stoppage of water in a ¢ the control of th anal or b tlons or additions Canal Officer or by any measures ( ing the Proper flow of Water therej established course of irrigation in Sional Canal Officer considers such a oo The words "advance payment of betterment charges"
No. 7 of 19§9,
»
all not affect le under any other | eing in force.
€ jurisdiction j
ing done or to be done
and revenue fo bea Charge on the
Tecoverable as an arrear of land
betterment Charges '[adv
revenue.
ance payment of acreage rates Payable under
any other
aw for the time
N respect
against the Government for und of betterment Charges or OSS OCcasioned by the failure
Y any cause beyond ¢ Government or by any repairs, altera- made to the canal by the Divisional
aken by him for regulat- n or for Maintaining the
cases where the Divi-
ction to be necessary.
inserted by Punjab Act
11
1953 : Ph. Act I) perrp RMENT
AND ACREAGE
CHARGES i RATES 7
16. No suil, prosecution oy Other | ° ' ? * * enal roce ' ' shall he agaist Any person in respect of anyting ioe meray intended to be done in good faith this F. :
rules made threunder, cl or the
=" . . m= , al . ; of §
Deputy Collector or a Revenue Officer of th Collector, Powers of cana . : ° e ri * and Revenye puty Commissioner or Assist wk of & De- oat, Revenue oy: S. any person whose altendance he Considers Mmon_ person r Byses , necessary fi purpose of any business before him under this Act y for the
(2) Any person so summoned Shall be b : a ound to appear at the time and place mentioned In the Summons, in henson or, if the summons so allows, by his recognised agent or a legal practitioner.
18. Ifa person required bya summons, notice, order or proclamation proceedings from aq Summoning officer to attend at a certain time and pl Penalty for failure
pes to attend within
ace Within the limits of the limits of estate in
ss Obedience to orders esides, or in which he holds of Canal and Reve- or cultivates land, fails to com i isiti iscretion of the summoning officer al extend to fifty rupees, which, if not paid in cash, shall be recoverable as arrears ofland reveaue.
19. (/) The Government may, by notification in the Power to make official Gazette, make rules toc A arry oul the purposes of this ™** cl.
(2) In particular and without prejudice to the genera- lity of the foregoing power, such rules may provide for all or any of the following matters, namely :—
(a) the manner in which notices under this Act, or the schedules of betterment Charges and acreage rates shall be published ;
12
|
118 BETERMENT CHARGES AND [1953 : Ph. Act
ACEREAGE RATES I,
(b) the manner in which valuation may be ma any lands for the purpose of sub-section (i ¥ section 5 and for determining their increase in value ;
(c) the manner in which rates of _ betterment charges shall be calculated with reference to any lands or class of lands in an irrigation scheme - (cc) the manner in which advance payment of betterment charges shall be realised and the amount thereof deducted or refurded ;).
(d) the form in which demand statements may be prepared under sub-section (J) of section 8 and the procedure for preparing the same ;
(e) the form in which notices of demand may be prepared under this Act and the manner of t heir SeTvICe ;
(f) the time within which objections may be pre- ferred from notices of demand under sub-sec- tion (2) of section 8, the procedure for the determination of such objections and the autho- rilies to whom and the manner in which and the conditions subject to which appeals may be preferred therefrom ;
(g) the time within which betterment charges and acreage rates shall be payble after the notice a demand and the manner in which such chargé or rates may be realised;
(h) the conditions subject to which any s um due
under this Act may be pe in instalment" an the rate of interest for the payment of suc in instalments;
e
f
(i) the conditions subject to which any landow his may be allowed to relinquish any pat oe *Clause (cc) inserted by Punjab Act No. 7 of 1959.
13
1953:] Pb. Act II.) = BBTTBRMENT CHARGES AND ACREAGE RATES ?
land to the G overnment i i
ment charges due from
in eatletaae of better-
9
(j) the manner in w hi
acreage rates
ani ae croned
between and
rn ee and occu pancy tenants; étwee n land-
e manner in which and the conditi
to which any o
fficer shal
ditions subject under this Act ; all exercise his powers any other matter re uiring to b
'under this Ac
t. are
e prescribed
2. {C)). The Pu njab Betterment Ch arges
1952),
Acreage Rates Act , 1952 (President's Act No. III of iS hereby repea led, but | notwi thstanding such repeal,
on taken in the exercise of any or under the re pealed Act sha deemed to hav
e been done o
r taken 10 exerc ise of the powe rs
er this Act So far as consistent with the
ent Charges
and Acreage
PSU Better
m
The Fe
nt J5), 18 hereby repea l
Rates Act, 1
954 (Pepsu A
ct No.10
or
. "
ation OF liability gt, privilest ander the Act 8° repealed; punishment
incurred
re or
)
ce committ e d again st the
14
BETTERMENT CHARGES [1953 : Ph. Acg Il 120
AND ACREAGE RATES
and any such investigation, legal proceedi remedy may be instituted, continued Ore n. or
and any such penalty, forfeiture or punts
ment may be imposed, as if this Act had not been passed :
Provided further that anythin
action taken under the MBtiso ee are shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.]
15