The ODISHA BETTERMENT CHARGES ACT, 1955

THE
4
ORISSA ACT NO. OF 1956
ORISSA BETTERMENT CCARGES
ACT, 1955
t Receivedthe acent of the Governoron the 15th February 1936,
first published in an Extraordinary issue of the Orissa
Gazette, dated the 24th February 1956 ]
AN ACT TO FOB THE LCVY or BCTTERMEN'Z
Short title,
commence.
ment.
D eßniti on B
CdARGES ON CERTAIN LANDS IN THE STATE OF ORISSA
HERGAS it is expedient to imposea hettermcntw levy on tho lands to be benefited • by the
proposed canals under the Kira kud Dam Project ;
It is hereby enacted by tho Legislature of the
State of Orissa in the Sixth year of the Republic of
India as follows
l. (l) This Act may be called the Orissa
Bet terment Charges Act, 1955.*
(2) It extends to the districts Sambalpur,
mangir, Puri and Cuttack:
(3) It shall come into force at-once.
2. In this Act, unless the context otherwise •
requires,—
@) "Betterment charges" means •the charges
levied under section 3 on lands under irrigable
command of the irrigation scheme of the Hirakud
Dam Project ;
(b) Canal Offcer means an omcer not below
the rank of an Executive Engineer appointed as
Canal Offcer by the State Government, for the
purposes of this Act ;
(c) Collector of Betterment Charges means
an oßcer not below the rank of a Collector appointed
* ForStat,omeub of Obiect8ardReasons8eeOriseagaze.geßætraordinæry,datedthe 14th8ep•19542andfor S. C. R. geeOt•i88agazette,E*aordinary, dated the 13th October 1955.
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os such by the State Government under the provi.
sions of this Act ;
(d) " Irrigation scheme of the Hirakud Dam
Project ", hereinafter referred to as the '6 Scheme
means all canals, branch canals, distributaries, minors,
water-courses, embankments, structures, lift irri-
gation arrangements and similar other works and
all other works incidental thereto under Hirakud Dam
Project designed to ensure gupply of water to
irrigate lands and includes improvements to and
extension of the existing canal system in the district
of Cuttack ;
(e) Land " means any land that is fit for
agricultural purposes or that may be capable of
being rendered fit tor such purposes on tho comple-
tion of the scheme ;
(f) " Lands under irrigable command " means
such lands as are irrigated or capable of being
irrigated under the scheme ;
(g) " Prescribed means prescribed by rules
made under this Act ;
(h) " Revenue Offcer means an offcer of the
State Administrative Service appointed as a Revenue
Offcer for purposes of this Act ;
(i) " Sambalpur Zone " and the " Delta Zone"
respectively mean the areas comprised within the
districts of Sambalpur and Bolangir and the
districts of Cuttack and Puri as •at present con•
øtituted ;
(j) the expressions "Landlord", "Tenant",
"Occupancy tenants" and "Service tenants" in
relation to any land shall have the same meaning as
those expressions have in the law relating to land
tenures in force immediately beforo the commence-
ment of this Act in the area in which such land is
situate.
Explanation— For the purposes of this Act a
Ruler of an Indian State or any of his relations shall
be deemed to be an occupancy tenant with respect to
lands of which such Euler or his relation as the case
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may beis the ownerand which is in his possession
either by himselfor through his temporary lessees;
and the expression " Ruler of an Indian State "
shall havethe samemeaningashas been assignedtoit in the Constitution.
(k) all references to the districts of Cuttack,
Puri, Sambalpur and Bolangir shall be repd and
construed respectively as references to the areas
known by the said names immediately before the
date of commencement of this Act.
3. (1) The State Government shall be entitled toBetterment
charge levy a betterment charge on every land under theleviable.
irrigable command in accordance with the provisions
of this Abt.
The lands under irrigable command shall be
divided into suitable classes by the Government and
the annual increase in the gross produce of each class
of lands shall be estimated :
Provided that all lands which accor-
ding to the principle of classification adopted in
settlements, are of the same class and which judged
by their commandability are so situated as to derive
the same amount of benefit from the scheme shall be
placed in the same class :
Provided further that the estimate shall be made
with•referenceto the averageof tho pricesprevailing
during the three agricultural years immediately
preceding the. agricultural year in which water is
first supplied for irrigation in a block under estima-
tion.
(2) Ten 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
classof lands ; and the betterment charges payable
in respect of such clas of lands shall be one-half of
the difference between the said increase in the capital
value and the cost estimated in the prescribed manner
of making the lands fit for advantageous irrigation
under the scheme :
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Provided that in the case of lands which were
originally under dry cultivation and which with a
view to derive benefit from the schemewore brought
underwet cultivation, a sum representing the differ,
ence between the cost of wet cultivation and the cost
of dry cultivation as determinedin the prescribed
manner shall be deducted from the increase in gross
producefor the-purposeof calculatingthe incræsein
capital value of those lands.
Explanation—Forthe purposeof this Act thecost of wet cultivation shall be deemed to include tho
water rate.
(3) As and when any block in the irri able
command is brought under irrigation, the tate
Government shall direct the Collector of Betterment
Charges to determine the betterment charges in
respectof eachclassof landsin the block.
(4) The Collector of Betterment Chargesafter
dueenquiry in the prescribed manner shall publish
his proposals in regard to the bettermentcharges
proposedfor the various classesof lands in the
prescribedmannerandshall considerin the manner
prescribedthe suggestionsand objectionsreceivedwithin {he time allowed, and finally publish his award
on the rate of betterment charges levia ble on each
class of lands in the block of lands under irrigable
command in the prescribed manner. The Collector
shall while proceeding under this sub-section be
assistedby an Agricultural export to be nominated
by the State Government.
(5) An appeal shall lio to the prescribed
authority in the prescribed manner and within a pres-
cribed time from the award of the Collector of
Bettetment Charges under sub-section (4). The
decisionin such appeal shall be notified in the pres-
cribed manner.
(G)The award Witb respect to betterment
chargesnotifiedundersub-section(4) shall,subjectto
the right of appeal provided in sub-section(5), be
final and shall be binding on all persons having
interest in the lands and shall not be to be
questionedin a court,of law.
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Sohedule o!
i crigablø
lauds under
command
and better.
mont
Publication
of scheme
and notice
to owners
and persone
interested.
8
4. The State Government shall, after the notifico•
tion declaring the classesof land under sub-section(I )
of section 3 and after any village in the irrigable
command is brought under irrigation, direct one or
more Revenue Omcers oppointed for the purpose to
prepare a Schedule for such village or villages in
consultation with a Canal Offcer showing the lands
under the irrigable command of the scheme and the
class of lands for betterment charges under which
each plot of land is to be classified and the persons
from whom tho charges are recoverable :
Provided that the State Government may define
the jurisdiction, powers and duties of each such
Revenue Offcer or Canal Offcer as the case may be
for the purposes of this Act,
5. (1) The Schedule prepared under section 4
shall be published in the offcial Gazette and in such
other manner as may be prescribed.
(2) The Revenue Offcer cpncerned shall give
notico to the persons known or believed to be owners
of or interested in the lands under irrigable command
of the scheme requiring them to appear before him
either personally or by agent at time and place
therein mentioned to filo* their objections, if any,
(a) to the inclusion of the lands in the Schedule as the
lands under irrigable command or (b) to the classifica-
tion of any plot of land for tho levy of the betterment
charges or (c) to the imposition and recovery of
the betterment charges proposed on such lands from
such persons or (d) to any other entry contained
in such Schedule.
6. On the dates fixed in the notice underEnquiry
award. section 5 or on euch other date to which the filing
of objections may be adjourned, the offcer concerned
shall, after holding an enquiry in the prescribed
manner and after hearing the objections, if any, filed
by the persons in pursuance of such notice, make an
award. The award shall be published in the manner
prescribed and shall gpeeify—
(a) the lands under tho irrigable command of
the scheme ;
(b) the classification of any plot Of land for
the levy of betterment charges ;
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(c)the amount of the bettermentchargesleviable on ea.ch of the said lands ;
(i) the person or persons from whom the
betterment chargeis recoverable; and
(e)the date on which suchbetterment charges
*hall bo leviable :
Provided that the Revenue Oåcer while making
the award shall always have due regard to the
provisions contained in section 11.
7. (l) Betterment charges in any area,on theof better.
lands under irrigable command shall be payable onmen t,
the 15th day of April of the year next after the onebettermen±
charges to following the Kharif seasonin which irrigation
charged facilities are first provided for the area from theon land next scheme or two months after the date of the award'0 laad
revenue• under section 6 whichever is later. Persons to
pay the chargesshall pay the samein one lump sum
or exercise in the prescribed manner their option
of making payments in instalments.
(2) The number of such instalments and the
manner of pxyment thereof shall be as follows : —
(a) The first two instalments shall each be
one-thirtieth of the charges, the balance being payable
in fourteen further instalments of one-fifteenth of the
chiarzes each.
(b) The first instalment shall fall due on the
date on which the charges become first payable under
sub-section (l) and each subsequent instalment shall
become payable each year on thé date one year after
the due date of payment of the last preceding
instalment.
(c) No interest shall be chargeable on any
arrears of instalment ; but interest at the rate of
4å per cent per.annum shall be payable on the due
date of payment of any instalment on the balance of
the betterment charges remaining unpaid by the
said date :
Provided that any one or more of such instal•
mentßmay be paid in advance of the date on which
the payment of such instalment falls due together
with interest at the rate of per cent per annum on
the balance of the charges remaining unpaid by the
date of such payment.
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Betterment
charges on
newly
reclaimed
Iond.
omis8iong
and
ugpeuai on s.
(3) Anysumslawfully due underthis Act by
way of bettermentohbrgesShalltake priority overall
otherchargespayablein respectof the land exceptland revenueandshall be deemedto that extent to
be chargeon the land and shall be recoverableas an
arrear of land revenue.
(4) Notwithstanding anything contained in this
section,the State Governmentmoy allow the owner
of the land on which bettermentchargesmay be
payableto relinquishthe whole or any part of theland or deliver in exchange in favour of the State
Government onsuchconditionsasmaybe prescribedby rules :
Provided that no such relinquishment or
exchangeshall be permitted unless the land is froe
from encumbrances.
8. If any waste land, belonging to or at the
disposalof the State Government,under irrigbble
command is newly leasedout for cultivation, bettér-
mem cnurge shall be recoverable from the lessee in
the prescribedmannerat the rate prevalent in the
zoneanything in any of the other provisionsof this
Aot to the contrary notwithstanding.
9. If the StateGovernmentare satisfied,—
(1) that the crops on any land under the
irrigable commandare seriouslydamagedon account
of floods,tempestor any other irresistibleforce,or
(2) that the land being water-logged or salt-
affected has becomeunculturable, or
(3) that the land has been removed from th3
irrigable command of the schemeon aocount of short
supply of water or such other cause, or
4) that the agricultural industry has received
a set-back on account of price-fall,
the State Government may, subject to such
conditions agit may think fit, suspendthe recovery
of or remit in full or in Inrt tbe betterment chargea
or any instalments thereof with respect to such land :
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ii
in cages coming udderProvided that
clause(3) where land has boon permanently j or for
considerableperiodremovedfrom irrigable.'command
the State Government shall deduct, froll* the total
amount of Betterment Charges payable by any person
sumrepresentinghis duesto the State Government
on account of Betterment Charges in•respectEof such
land.
10. The betterment charges payable under thisAny obher
Charges not Act shall not affect any other rates or chargesto bo
leviable under any other law.
11. (1) Betterment charges shall be recoverableP ergons
liable $0 poy
from the person or personsrecorded as thB occupancy
tenants or service tenants of the land :chargeA.
Provided that where such tenant',pays produce
rent to his immediate landlord, recorded as such
a portion of the betterment charges equivalent to
the fraction which the produce rent taken by the
landlord bears to the total produce each year shall
be recoverable from such landlord :
Provided further that a service tenant shall
pay only 75 per cent of the on
the land, the other 25 per cent being payable by the
person to whom the lands will •revert!on abolition of
the service :
Provided also that, a person in actual -cultiva.
tion of the land on the date of the award under
section 6 as a tenant or sub-tenant under},! an
occupancy tenant or service tenant on payment of
produce rent and protected against eviction under
ony general or special for the time being in force
or any practice, custom or usage having the force of
law, shall be )iable to pay o part of the betterment
chargeg in such proportion as the produce taken by
such tenant or sub-tenant bears to the;total rproduce
of the land during the year last precedinglthe date
ot tho award.
"Recorded" in this section shall
mean "recorded on the land records of the Collector
of the district on the date of the award under
section 6" or where an application for change of
record is pending on that date in the proper court
the record as corrected in the final orders on the
application ;
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(B)For the purposesof this sectionpersons
whoare recorded4asi.tenants and whoserights are
the sameas those of occupancy tenants or service
tenants shall be:deemed to be occupancy tenants or
service tenants aslthe oasemay be.
(2) Notwithstanding anything in sub-section(l)
and subjectto any contract to the contrary where
tenant holding any land on produce rent is evicted
by his {immediate landlord in pursuance of amy
law relating to land reforms or under any other
law for the time being in force such landlord shall
be liable, in addition to suchother payment ho may
have to make for such eviction, to pay to such
tenant the portion of the betterment charges paid
by him prior to the date of his eviction :
Provided that nothing in this sub-section shall
apply if the eviction of the tenant has taken place
on of any default on the pært of the tenant
in complying with the provisions of any such law as
•aforesaid.
12b(l) Any personliable to pay the bettermentApplioatiou
fortransfer chargesunder sectionII may apply to the prescribedOf authority in the manner prescribed for a declaration
that on the date the betterment charge wasdue or
any part of the same wasädueon on instalment fixed
under section 7, his right or interest in the land has
passed on to some other person and that such other
person may be made liable for the dues. Such
authority after hearing in the prescribedmanner the
persons concerned may, if he finds that there has
beena valid transfer, declare that such other person
or,personsshall be liable {br the*.bettermept charge
or the balance thereof due on the SBid date.
Ezplanation—For the purposesof this section—
(i) The rights and interest of a person shall be
deemed to have passed on to his immediate landlord
if such person to hold or cultivate the land
without there being a transfer of such right or
interest to any other person.
(ii) Transfer shall include all transfers whether
by act of parties or by operation of law or by virtue
of any judgment, decree or order of any court orotherwise howsoever.
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Protection
of land
agginst 88.10
for arrears
of better
ment
charges.
Appeals
19
(2) The said authority may if he finds that any
person liable to pay the betterment charge under
section II is dead, hold an enquiry in the prescribed
manner and determine the person or persons liable to
discharge the liaoility as heirs and assigns of such
persons ; if after such enquiry the said authority finds
that some other person should have been rightly
recorded as the tenant or landlord as being liable to
pay the betterment charges or part thereof, in the
plaee of tbe deceased on the date the betterment
chargeor any part thereof, on an instalment fixed
under section 7 had fallen due, the said authority
shall after holding such further enquiry as
may be prescribed and after giving the parties
concerned an opportunity of being heard make a
declaration accordingly.
(3) A declaration under sub-section (l) or sub-
section (2) as the case may be shall have the effect of
passing on the liability for payment of the betterment
charges or balance thereof under section II to the
personor personsgodeclaNd äs boing liable.
13. (l) Any person interested in the land on
which betterment charge is may pay up the
dues in arrears to protect the land from sale for
arrears of betterment charge and he may then apply
to the Revenue Offcer authorised by the State
Government in that behalf to recover such amount
for him from the persons liable to pay the samo
according to the extent of their respective liabilities.
(2) The Revenue Offcer shall deal with the
application for recovery under sub-section(1' in the
same manner as a plaint filed in a suit for recovery
of money instituted in accordancøwith the Code of
Civil Procedure, 1908 and the )rder passed on 8uch V of
application shall have the same force and effect as
•that of a decree for money passed by a Civil Court
under the said Code.
14. Any person aggrieved by the award under
section 6 or declaration under sub-section (1) or
sub-section (2) of section 12 or an order under
section 13 may, within sixty days from the date of
the award, declaration or order respectively, appeal
to the Collector-of Betterment Charges. The appeal
shall be disposedof in the prescribed manner ;
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14
Provided that in an appeal from an award under
eection 6 the rate of betterment charge fixed on
a Particular class of land shall not be called into
question and may not be changed in the appeal.
Bevißion by 15. (l) The Board of Revenue may on its ownthe
ofRevenue.motion or on the application of an aggrieved
person within the prescribed time call for and
examine the record of any enquiry under section 6,
sub-sections (l) and (2) of section 12 and under
section 13 or of the proceedings in appeal under
section 14 for the purpose of satisfying itsel€ as
the legality or regularity of such enquiry or proceed-
ings and may confirm, modify or reverse tho award,
declaration or order or the decision of the Collector of
Betterment Charges as the case may be :
orders.
risdiotion
af Civil
Provided that in relation to any enquiry
under section 6 the rote of betterment charge fixed
on a particular class of land in pursuance of sec.
tion 3 shall not be modified or reversed or
otherwise interfered with :
Provided further that the betterment charges
ordered to be paid by the Collector shall not be
altered to the prejudice of any party unless the
parties concerned have been given an opportunity
of being heard.
(i) Notwithstanding anythingin sub-section(I)
the award, declaration, order or decision specified
therein shall not be modified, reversed or otherwise
interfered with after the expiry of a period of two
yea,rs from the date Of such award, declaration,
order or decision as tho case may be.
16. An order passedby the Board of Revenue in
revision under section 15 and subject to such order
the decisionof the Collector of Betterment Chargey
on appeal under section 14 and subject to the order
of the Board of Revenue and the decision of the
Collector of Betterment Charges, the bward, declara-
tion or order made under section 6, sub-sections (I)
and (2) of section 12 and under section 13, shall be
final.
17. No Civil Court Bhall have any jurisdiction in
any matter relating to anything done or to be done
under this Act.
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Indenity
15
18. Subject to .section 9 no cla,im shall lie
against the Government for compeneationorfor the, refund of betterment chargeson docount
of loss occasioned by any temporary failure
or stoppageof water in a canal or by any cause
beyond the control of the Governmentor by
any repairs, alt€rations or additionsmade to
the canal or by any measuretaken for regulating the
properflowof watertherein or for maintainingtheestablished course of irrigation in case where the
Canal Offcer considers such action to be necessary.
19. No suit, prosecutionor other legal proceedingbom legal
shall lie against any personin respectof anythingdone or intended to be done in good faith under this
Act or the rules made thereunder.
20. The Revenue Ofioer, Canal Offcer or anyPovøre of
Bevauø
caul other offcer authorised by any of them or the
authorityprescribedin pursuanceof section12 shallmm.mon
•iGhavethe samapowers88are vestedin Court under
the Codeof Civil Procedure, 1908,wh n trying suit v of19ti
in respectof the following matters, namely:—
(a) enforcingtheattend&nceof anypersonand
examininghim on oath or affrmation,
(b)compellingthe productionof documents,
and any proceedingunder this Act before theRevenue Offcer, Canal Offcer or any other omcer
authorisedby themshallbedeemedto be ' judicial
proceeding withinthemeaningof sections193and228andfor the purposeof section 196 of the Indian
Penal Code.
(l) TheStateGovernmentmayby notificationin the omoiBlGazette make rules to carry out the
purposesof tho Act.
(2)In particularand withoutprejudiceto the
generality ofthe foregoingpower,suchrulesmayprovidefor all or sny of the followingmatten,
namely
(a)the fixationof time for preparationof
80bedule under geotion 4 ;
(b)the form in whiobthe scheduleunder
section Till be pNpara ;
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Power to
r »•nove
1-6
(c)-the method of publioation of the Schedule
prepared•under section 4 and bf the award madeunder section 6 ;
(d) the manner of service of notice undersection 4 ;
(e)the mannerOf holding enquiriesunder
sections6 and12, and the conductof proceedingsunder section 19 ;
(f) the form of the award made undersection 6 ;
(g)the procedurerelating to appealsunder
section14andthemode'ofdisposalof suchappeals;
(h)the authorityto conductproceedingsundersection 12 ; and
(i) anyothermatterrequiringto be or whichmay •be prescribed under this Act.
22. If any diffculty arisesin giving effectto the
provisions of this Aot, t' OStateGovernmentmay,Asoccasionmay require,by order,do•anything,notinconsistentwith this Act or the rules.madethere.
under,which appearsto them necessaryfor thepurposeof removing the diffculty.
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