Bare ActsThe Tamil Nadu Irrigation (Levy of Betterment Contribution) Act, 1955

Section 2

In this Act, unless there is anythixlg :*

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

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 to 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 dec~ 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 iici, 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 - - - 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, % 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 ihu ~:~ccution 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 1 963, 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 ~amtl N U ~ U ~ovenrmeiit ~ ~ s e /to. . I % .. " f . 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 1 lands for which the water supplied as n result of the ex:cl~tion of a notified work will bs occasio~~ally sufficient for one wet crop 2nd will b: ordinarily sr%i;ient for one irdgaied dry crop in a fasli year. (4) An irrigated dry zolle shall cornpi-1s' ~ l l the lends I f - ~ r which the water slpplicd as a result of the execution I sf a raotifkd work Will b: ordinarily sglficient For one . wfir-icnt f u ~ one irrigated dry crop in ti fasli year rx:+ -n4 wet crop in any fit,li ;ztb:1r, Blocks under

Section 2 – The Tamil Nadu Irrigation (Levy of Betterment Contribution) Act, 1955 | DailyLaw.ai