Bare ActsThe Kerala Irrigation and Water Conservation Act, 2003

Section 46

Amendment status not verified — confirm the current text below against the official source.

Amount of betterment contribution —(1) An officer authorised by the Government in that behalf may, after previous publication of the proposals in the Gazette or in such other manner as may be prescribed, divide the lands benefited Q by any major irrigation work into suitable classes and estimate the annual increase in the gross produce of each class of such land Provided that all lands which are of the same class and which, judged by their commandability, are so situated as to derive the same amount of benefit from the work shall be placed in the same classes. (2) The annual increase in the gross produce shall be estimated with reference to the average of the prices prevailing during the five years immediately preceding the date of making such estimate. (3) Twenty 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 class of land, and one fourth of the sum by which the said increase in the capital value exceeds the cost estimated in the manner prescribed for making such class of land fit for advantageous irrigation under the major irrigation work shall be the betterment contribution payable in respect of that class of land Explanation:—The cost of making each class of land fit for advantageous irrigation shall mclude the cost of converting dry land into wet land. (4) The Government may, by order published in the Gazette, specify the rate of betterment contribution payable per hectare in respect of each class of land determined under sub-section (3). (5) The Government may, on their own motion or on application by an owner of land aggrieved by an order under sub-section (4), revise the rate of betterment contribution in respect of any land specified in the said order: Provided that no order increasing the rate of betterment contribution shall be made without giving the person affected thereby an opportunity of being heard. 47 Payment of betterment contribution.—(1) The betterment contribution payable under section 46 in respect of any land shall be paid by the owner of that land in twenty equal annual instalments to such authority, within such time and in such manner as may be prescribed, on a notice of demand issued by that authority: Provided that no such notice shall be served until the expiry of two years from the date on which the land is provided with irrigation facilities. (2) The owner of any land in respect of which betterment contribution 1 payable shall be entitled to a rebate of 40%, provided the entire amount of th betterment contribution is paid by him within a period of one year from the date on which he becomes liable to pay the same

Section 46 – The Kerala Irrigation and Water Conservation Act, 2003 | DailyLaw.ai