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Repeal and savings. * * * * STATEMENT OF OBJECTS AND REASONS I Act 28 of 1957.— The principle of levying betterment contribution and water rates in respect of lands benefited from the irrigation work is now accepted universally. There is no uniformity in the provisions made in this regard in the irrigation laws in force in the areas which have been integrated into the new State of Mysore. The question of introducing a single irrigation law to the extent possible, applicable to the whole State is under consideration. In the meantime it is considered necessary to consolidate the laws relating to the levy of betterment contribution and water rate and amend them so as to suit the conditions obtaining all over new Mysore State. Hence this Bill. (Obtained from L.A. Notification No. 5847 dated 20-6-1957) II Amending Act 23 of 1961.— Betterment contribution and water rate in respect of lands under irrigation works in the State will have to be levied under the provisions of the Mysore Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957, which was passed into law in October 1957. Section 4 of the Act deals with the question of levy of contribution and provides that contribution shall in no case exceed five hundred rupees per acre. It is found that in a number of cases the beneficiaries would be willing to pay even a higher contribution in order to secure the benefits of an irrigation work. There would also be instances where the increase in the land value would be more than Rs. 1,000 per acre and the ceiling now fixed on the contribution amount would come in the way of Government recovering even half of the betterment value in such cases. Moreover, estimates for irrigation works are sanctioned with reference to the expected financial return in more instances and it may happen that in a number of cases the 2 minimum return could be secured if the proviso to section 4 is amended so as not to restrict the contribution amount to Rs. 500 per acre. Section 10 of the Act deals with the levy of water rate. According to the proviso to the said section, no water rate is leviable in certain classes of cases. In order that water rate may also be levied on lands which are now assessed as wet in cases in which such levy is justifiable in view of the assured nature of water supply and of the increase in the cost of maintenance of irrigation works, it is considered necessary to delete the proviso. A new section is proposed to be inserted in order to provide for the assent of the President to the framing of rules in cases relating to works of an Inter-State character. The other amendments proposed are verbal in nature. (Published in Karnataka Gazette, PART IV—2A, dated 9th April 1959, at page. 147.) III Amending Act 8 of 1964.—The Mysore Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957 provides for the levy and collection of betterment contribution from lands benefited by the construction, restoration, expansion or alteration by Government of any irrigation work and also for the levy of water rate. It has been found that the work involved in determining the contribution in accordance with the procedure laid down in the Act and the rules made thereunder is considerable and complicated and that this has been responsible for slow progress of the work connected with the levy of betterment contribution. It is considered that the rates of the betterment contribution may be specified in the Act itself and that the procedure laid down in the Act may be simplified by suitably amending the Act. It is proposed to classify irrigation works as major irrigation work medium irrigation work and minor irrigation work and betterment contribution as basic contribution and special benefit contribution. The rates of such betterment levy are also specified. It is also considered necessary to regularise certain collections of irrigation cess made in Bellary District under the Madras Irrigation Cess Act, 1865. Hence the Bill. IV Amending Act 18 of 1965.—At present water rate is leviable under the Mysore Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957 with reference to water supplied, made available or used with reference to different crops grown or which may be grown. It is considered necessary to amend section 10 (1) providing for the levy of water rate which may be different in respect of water supplied, made available or used from different irrigation works with or without reference to crop or crops grown or which may be grown on the land. Hence the Bill. (Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 16th October 1965, as No. 202, at page. 3.) V Amending Act 13 of 1966.—The Mysore Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957 as amended by Act No. 8 of 1964 provides for the levy and collection of betterment contribution at certain specified rates in respect of lands benefited by different irrigation works. It is considered that the levy should be related to increase in the value of the lands benefited, and hence it is proposed to amend sections 3 and 4.— 3 (Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 24th February 1966, as No. 31, at page 6.) VI Amending Act 16 of 1968. —The maximum amount of betterment contribution payable in respect of any land under the Mysore Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957 has been fixed at three hundred rupees per acre. It is considered necessary to enhance the maximum limit to five hundred rupees. Hence the Bill. (Published in the Karnataka Gazette, PART IV—2A, dated 22nd August 1968, at page. 37.) VII Amending Act 29 of 1974.—According to the Karnataka Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957 the rate of betterment contribution was half the increase in value subject to a maximum of Rs. 500 per acre. Having regard to the actual increase in the value of irrigated lands it was considered necessary to raise the said maximum from Rs. 500 to Rs. 1,500 per acre. As the Legislative Assembly was not in session, an Ordinance amending the Act for the purpose was promulgated on 22nd June, 1974. Indidental provision regarding service of notices was also made. The Bill seeks to replace the said Ordinance. (Published in Karnataka Gazette (Extraordinary) Part IV-2A, dated 14th August 1974, as No. 2591, at page. 4.) VIII Amending Act 16 of 1995.—In order to achieve better results in water management, it is considered necessary to handover the responsibility of water management and collection of water charges to Water User’s Co-operative Societies, by amending section 10 of Karnataka Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957. Hence the Bill. (Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 19th April 1995, as No. 470, at page. 4.) IX Amending Act 21 of 1995.— It is considered necessary to amend the Karnataka Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957 suitably to entrust the Krishna Bhagya Jala Nigama with the work of supply of water for any irrigation works and to empower the said Nigama with the responsibility of fixing and collecting water rates. Hence the Bill. (Obtained from the relevant Bill i.e., LA Bill No. 17 of 1995.) X Amending Act 24 of 2000.— To achieve better results in water management, it is considered necessary to involve and empower farmers through Water Users Co-operative Societies and their Federations in irrigation water management. Accordingly, it is considered necessary to amend the Karnataka Irrigation Act, 1965,- (i) to provide for entrustment of control, maintenance and monitoring of irrigation works to Water User Societies; 4 (ii) to enable, Water Users Societies to provide the means of crossing canals and to construct culverts etc., to prevent obstructions to drainage; (iii) to empower the Water User Society to construct drainage works wherever necessary; (iv) to empower the Water User Society to repair the field channel in the event of failure by the user to repair the field channel and recover the costs from the user; (v) to provide for consulting the Water Users Project Level Federation for regulating water supply from irrigation work; (vi) to empower water user society to levy water charges when water is temporarily made available as well as when water is used unauthorisedly; (vii) to empower Water User Society to stop supply of water in the event of violation of cropping pattern and non-payment of water charges and to levy penal water charges in cases of crop violations; (viii) to exempt levy of maintenance cess in respect of lands situated within the jurisdiction of Water User Societies; (ix) to provide for compounding of offences; (x) to provide for compensation of Water Users Apex Level Federation; (xi) to outline the functions of Water User Society, Water Users Distributary Level Federation, Water Users Project Level federation and Water Users Apex Level Federation. Further it is also considered necessary to amend the Karnataka Irrigation (Levy of Betterment, Contribution and Water Rates) Act, 1957 to restrict the application of the Act only to the Water Users Co-operative Societies and not to the societies registered under the Karnataka Societies Registration Act, 1960. Certain consequential amendments are also made. As the matter was urgent and the Karnataka Legislature Council was not in session, Karnataka Irrigation and Certain Other Laws (Amendment) Ordinance, 2000 was promulgated. This Bill seeks to replace the said Ordinance. Hence the Bill (Obtained from L.A. Bill No. 29 of 2000) * * * * XI Amending Act 8 of 2002.— It is considered necessary to provide for Water Users Societies to become members of the Water Users Project Level Federation by suitably amending the Karnataka Irrigation Act,