KARNATAKA IRRIGATION (LEVY OF BETTERMENT CONTRIBUTION AND WATER RATE) ACT, 1957
28 of 1957
20th JUNE, 1957
An Act to consolidate and amend the laws providing for the levy of betterment contribution and water rate in the State of Karnataka. Whereas, it is expedient to consolidate and amend the laws relating to the levy of betterment contribution and water rate in the State of Karnataka; Be it enacted by the Karnataka State Legislature in the Eighth Year of the Republic of India as follows.
Section1 Short title and extent
(1) This Act may be called the Karnataka Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such date as the Government may by a notification appoint.
Section2 Definitions
(1) In this Act, unless the context otherwise requires.
11. Clause (a) substituted by Act No. 23 of 1961 [(a) "Deputy Commissioner" means the Deputy Commissioner of a District or such other officer not below the rank of an Assistant Commissioner as the Government may appoint to discharge the functions of the Deputy Commissioner under this Act;]
22. Clauses (b) and (ba) substituted for clause (b) by Act No. 8 of 1964 and shall be deemed to have come into force w.e.f. 31-10-1957 [(b) "Betterment Levy Officer" means such officer as the Government may appoint to be the Betterment Levy Officer in respect of any area or irrigation work;
(ba) "Contribution" means the tax payable as 33. Substituted for the words "basic contribution and special benefit contribution" by Act No. 13 of 1966 and shall be deemed to have come into force w.e.f. 1-9-1960 [betterment contribution] under Sections 3 and 4;]
(c) "Drainage work" includes.
(i) channels, whether natural or artificial, for the discharge of waste or surplus water and all works connected with and auxilliary to such channels;
(ii) the escape channels from an irrigation work;
(iii) dams, weirs, embankments, sluices and groynes;
(iv) all works for the protection of lands from floods or from erosion, which are owned or controlled by the Government, but does not include works for the removal of sewage;
(d) "Government" means the State Government;
(e) "Irrigation work" includes.
(i) all canals, channels, tanks, wells, reservoirs, anicuts, band-haras, ponds, spring ponds, kuntas, talapariges and madugus used for the supply or storage of water, and all works, embankments and structures, installations, including the installation of a pumping set, supply and escape channels connected therewith or auxiliary thereto which are owned or controlled by the Government;
(ii) all such lakes and other natural collections of water or parts thereof as are situated on lands which are the property of the Government;
(iii) all natural waterways, rivers and streams or parts thereof;
(f) "Landholder" or "holder" signifies the person in whom a right to hold land is vested, whether solely on his own account, or wholly or partly in trust for another person or for a class of persons or for the public; and includes a mortgagee vested with a right to possession:
Provided that in respect of any land in the possession of a walawargadar, a kayamgenidar, a permanent tenant or a mulgeni tenant in the South Kanara District, such walawargadar, kayamgenidar, permanent tenant or mulgeni tenant, as the case may be, shall be deemed to be the landholder in respect of such land;
11. Clauses (fa) to (fc) omitted by Act No. 13 of 1966 and shall be deemed to have come into force w.e.f. 1-9-1960 [(fa) "Major irrigation work" x x x x x;
(fb) "Medium irrigation work" x x x x x;
(fc) "Minor irrigation work" x x x x x;]
(g) "Notification" means a notification published in the Official Gazette;
(h) "Prescribed" means prescribed by rules made under this Act;
22. Clause (ha) inserted by Act No. 8 of 1964 and shall be deemed to have come into force w.e.f. 31-10-1957 [(ha) "Prescribed officer" means the officer specified in rules made under this Act and different officers may be specified for different areas, irrigation works or purposes;]
(i) "Work" means an irrigation or drainage work whether completed or not.
(2) The Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899) shall apply for the interpretation of this Act, as it applies for the interpretation of a Karnataka Act.
Section3 Levy of betterment contribution
11. Section 3 renumbered as sub-section (1) thereof by Act No. 8 of 1964 and shall be deemed to have come into force w.e.f. 31-10-1957 (1) 22. Substituted for the words "The Government shall be entitled to levy a betterment contribution, in accordance with the provisions of this Act, from the landholder or holder of any land which, in its opinion, is benefited" by Act No. 8 of 1964 and shall be deemed to have come into force w.e.f. 31-10-1957 [There shall be levied a tax called betterment contribution, 33. Substituted for the words "at the rates specified in Section 4 in accordance with the provisions of this Act on land, which, in the opinion of the prescribed officer, is benefited" by Act No. 13 of 1966 and shall be deemed to have come into force w.e.f. 1-9-1960 [in accordance with the provisions of this Act from the landholder or the holder of any land which is benefited]] by the construction, restoration, expansion or alteration of any work by the Government, whether after the commencement of this Act or at any time before such commencement, but not earlier than.
(i) the first January, 1944 in the Mysore Area;
44. Clauses (ii) and (iii) omitted by Act No. 13 of 1966 and shall be deemed to have come into force w.e.f. 1-9-1960 [(ii) x x x x x;
(iii) x x x x x;
(iv) the first January, 1950 in the Bombay Area and the Coorg District,
Explanation I. A land shall be deemed to be benefited notwithstanding that the benefit is not enjoyed, provided such non-enjoyment is due solely to action or inaction on the part of that person or persons interested in such land.
Explanation II. A land shall not be deemed to be benefited merely by reason of the execution of ordinary repairs, and maintenance of an existing work wholly or partly at the expense of Government.
55. Explanation III inserted by Act No. 8 of 1964 and shall be deemed to have come into force w.e.f. 31-10-1957 [Explanation III. In this sub-section, the expression "Government" shall be deemed to include the authority established under Section 66 of the Andhra State Act, 1953 (Central Act 30 of 1953).]
66. Sub-sections (2) and (3) inserted by Act No. 8 of 1964 and shall be deemed to have come into force w.e.f. 31-10-1957 [(2) For the purposes of levy of betterment contribution, the prescribed officer shall, by notification, specify.
(i) the dates of commencement and completion of the construction, restoration, expansion or alteration of any irrigation work;
(ii) the nature of the irrigation work, whether major irrigation work, medium irrigation work or minor irrigation work; and
(iii) the lands which, in his opinion, are benefited by such irrigation work; and different dates of commencement and completion of any irrigation work may be specified in respect of different lands benefited by the same irrigation work depending upon the dates on which water is made available to such lands.
(3) The Government may either suo motu or on application by any landholder affected by a notification issued under sub-section (2) if satisfied that there is any error in any such notification, direct such modification of the notification as it deems fit and the notification shall be modified accordingly by the prescribed officer.]
Section4 Amount of betterment contribution
11. Section 4 substituted by Act No. 13 of 1966 and shall be deemed to have come into force w.e.f. 1-9-1960
(1) The amount of betterment contribution payable in respect of any land referred to in Section 3 shall be an amount equal to one-half of the difference between the market value of such land before the date of commencement of the construction, restoration, expansion or alteration of the irrigation work and the market value after the date of completion of such construction, restoration, expansion or alteration:
Provided that the amount of betterment contribution payable in respect of any land shall not be more than 11. Section 4 substituted by Act No. 13 of 1966 and shall be deemed to have come into force w.e.f. 1-9-1960 [one thousand and five hundred rupees] per acre:
Provided further that no betterment contribution shall be leviable in respect of any land.
(i) which is unarable (Kharab); or
(ii) benefited by the construction, restoration, expansion or alteration of a tank, well, reservoir, anicut, bandhara, pond, spring pond, kunta, talaparige or madugu, which is not capable of irrigating more than one hundred acres of land:
Provided also that for purposes of this sub-section, the increase in the market value of the land consequent upon any improvement of the land made by the landholder shall be excluded.
(2) As soon as may be, after the publication of a notification under sub-section (2) of Section 3 in respect of any irrigation work, the Betterment Levy Officer shall prepare a statement showing the lands under the irrigable command of the irrigation work in respect of which the betterment contribution in accordance with the provisions of sub- section (1) is payable, and the nature and extent of irrigability of the different lands.
(3) The statement so prepared along with a public notice shall be published in the village chavadi and the taluk office and in such other manner as may be prescribed. Such notice shall require the landholders of lands under the irrigable command of the irrigation work to appear before the Betterment Levy Officer either personally or by agent at a time and place therein mentioned (such time not being earlier than one month from the date of publication of the notice), and to state.
(a) their objections.
(i) to the inclusion of the lands in the statement as lands under the irrigable command of the irrigation work;
(ii) to the inclusion of the lands in the statement as lands of any specified nature and extent of irrigability; and
(b) in respect of payment of betterment contributions, the basis on which they claim that the amount of betterment contribution has to be computed. Such statement shall be made in writing and signed by the party or his agent.
11. Sub-section (4) substituted by Act No. 29 of 1974 and shall be deemed to have come into force w.e.f. 22-6-1974 [(4) The Betterment Levy Officer shall also serve notice to the same effect on the land holder of such land in the manner provided in Section 30 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) for service of notices.]
(5) On the date fixed under sub-section (3) or on such other date to which an inquiry may be adjourned the Betterment Levy Officer shall, after holding a formal inquiry in the manner provided by the Karnataka Land Revenue Act, 1964, and after giving an opportunity of being heard to every person who has made a statement under sub-section (3), make an order specifying.
(a) the increase in value of the lands by the completion of the construction, restoration, expansion or alteration of the irrigation work;
(b) the amount of betterment contribution payable in respect of the said lands; and
(c) the date from which such betterment contribution shall be payable.
(6) The Government or any person aggrieved by an order made under sub- section (5) may, within sixty days from the date of the order, appeal to the Court of the Civil Judge having jurisdiction over the area in which the land is situated and the Court of the Civil Judge may pass such orders on the appeal as it may deem fit.
(7) Any order passed by the Court of the Civil Judge on an appeal preferred to it under sub-section (6) and subject to the orders aforesaid of the Court of the Civil Judge, the order of the Betterment Levy Officer under sub-section (5) shall be final, and shall not be liable to be questioned in any Court of law.]
Section5 When [contribution] becomes payable
22. Substituted for the words basic contribution" by Act No. 13 of 1966 and shall be deemed to have come into force w.e.f. 1-9-1960
(1) The 33. Substituted for the words basic contribution" by Act No. 13 of 1966 and shall be deemed to have come into force w.e.f. 1-9-1960 [contribution] shall become payable under this Act on a written notice of demand therefor issued by 44. Substituted for the words "an officer authorised by the Government in this behalf" by Act No. 8 of 1964 and shall be deemed to have come into force w.e.f. 31-10-1957 [the Betterment Levy Officer] being served on the landholder 11. Sub-section (4) substituted by Act No. 29 of 1974 and shall be deemed to have come into force w.e.f. 22-6-1974 [in the same manner as the notice under sub-section (4) of Section 4 is required to be served]:
22. Substituted for the words basic contribution" by Act No. 13 of 1966 and shall be deemed to have come into force w.e.f. 1-9-1960 [Provided that no notice of demand shall be served on a landholder until an order made under sub-section (5) of Section 4 becomes final.]
(2) For the avoidance of doubt, it is hereby declared that it shall not be necessary to serve notice on any person other than the landholder, who has an interest in the land or on a successor-in-interest of the landholder or in respect of any instalment of the 33. Substituted for the words "basic contribution" by Act No. 13 of 1966 and shall be deemed to have come into force w.e.f. 1-9-1960 [contribution].
44. Sub-section (3) omitted by Act No. 13 of 1960 and shall be deemed to have come into force w.e.f. 1-9-1960 [(3) x x x x x.]
Section6 Mode of payment of [contribution]
55. Substituted for the words "basic contribution" by Act No. 13 of 1966 and shall be deemed to have come into force w.e.f. 1-9-1960
(1) The landholder of any land, in respect of which any 66. Substituted for the words "basic contribution" by Act No. 13 of 1966 and shall be deemed to have come into force w.e.f. 1-9-1960 [contribution] is payable, shall pay it in the manner prescribed either by surrendering to the Government a portion of his land the value whereof is equal to the amount of contribution, or in cash, or partly by surrendering land and partly in cash.
(2) Where the landholder chooses to pay the whole or part of the contribution by surrendering land, the surrender shall be subject to the following conditions.
(a) the value of the land offered for surrender shall, for the purpose of payment of contribution, be determined by the 77. Substituted for the word "Collector" by Act No. 23 of 1961 [Deputy Commissioner] in the prescribed manner;
(b) the owner of the land shall prove to the satisfaction of the 88. Substituted for the word "Collector" by Act No. 23 of 1961 [Deputy Commissioner] that such land is free from all encumbrances; the 99. Substituted for the word "Collector" by Act No. 23 of 1961 [Deputy Commissioner] shall notify the proposed surrender and invite objections in such manner and within such period as may be prescribed; if any objection is received and the 1010. Substituted for the word "Collector" by Act No. 23 of 1961 [Deputy Commissioner] is satisfied that the land is not free from encumbrance, he shall refuse to accept the surrender and shall recover the contribution in cash; if no objection is received and the 1111. Substituted for the word "Collector" by Act No. 23 of 1961 [Deputy Commissioner] is satisfied that the land is free from encumbrance, he shall by order in writing accept the surrender and after such acceptance, the land shall vest in the Government free from all encumbrances and the Government may dispose of it in such manner as it deems fit:
Provided that the 11. Inserted by Act No. 29 of 1974 and shall be deemed to have come into force w.e.f. 22-6-1974 [Deputy Commissioner] may on the ground of inaccessibility or inconvenient location of the land or such other grounds as may be prescribed refuse to accept the surrender.
(3) The Government may by general or special order direct that in respect of any work, or class of cases the contribution shall be payable only in cash and not by surrendering land.
(4) Where the contribution is payable in cash, it shall be payable in such number of annual instalments not exceeding twenty and at such times as may be prescribed:
Provided that if, on or before the date on which the first installment is payable, or at any subsequent date within a period of two years from that date, the owner pays the entire contribution or the balance of contribution, as the case may be, he shall be entitled to a rebate of ten per cent of such contribution or balance of contribution, as the case may be:
Provided further that if the amount of contribution falls into arrears, interest shall be payable at the prescribed rate on the amount of such arrears.
Section7 Contribution recoverable as arrears of land revenue
Contribution payable under this Act in respect of any land shall be deemed to be a revenue demand due upon the said land; and the land, its products and the building (owned by the landholder) standing upon the land, shall be deemed to be the security for the contribution. When any installment of the contribution payable in any year is not paid on the due date, the amount of the installment shall be deemed to be an arrear of land revenue and the provisions of the law in force regulating the recovery of land revenue, shall apply to the recovery of the said arrear together with the interest due thereon, as it applies to the recovery of the land revenue due on that land.
Section8 Payment of contribution by person having interest in land
Any person having interest in a land may, notwithstanding that he is not the landholder of such land, pay the contribution payable by the holder in respect of such land and shall, if such person pays the entire contribution within a period of two years from the date on which the landholder becomes liable to pay the contribution, be entitled to a rebate of ten per cent.
Section9 Right of reimbursement in respect of contribution
Where the landholder (not being in the South Kanara District a walawargadar, a kayamgenidar, a permanent tenant or a mulgeni tenant) liable to pay contribution under this Act is not the owner of the land or is a co-owner of the land, nothing in this Act shall be deemed to affect his right to reimbursement from the owner or to recover proportionate part froth the co-owner, as the case may be.
Section10 Levy of water rate
(1) Whenever.
11. Clause (a) omitted by Act No. 18 of 1965, w.e.f. 11-11-1965 [(a) x x x x x;]
(b) 22. Substituted for the words "water is supplied or used for purposes of irrigation" by Act No. 8 of 1964, w.e.f. 27-2-1964 [water is supplied, made available or used for purposes of irrigation or any other purpose] from any work belonging to, or constructed by, or on behalf of the Government; and
(c) water from any such work, by direct flow or percolation or by indirect flow, percolation or drainage from or through adjoining land irrigates any land under cultivation or flows into a reservoir and thereafter, by direct flow or percolation or by indirect flow, percolation or drainage from or through adjoining land irrigates any land under cultivation and, in the opinion of the 33. Substituted for the word "Collector" by Act No. 23 of 1961 [Deputy Commissioner] such irrigation is beneficial to and sufficient for the requirements of crop on such land,
44. Clause (d) inserted by Act No. 8 of 1964, w.e.f. 27-2-1964 [(d) water supplied or made available to the Government by the authority established under Section 66 of the Andhra State Act, 1953, is supplied, made available or used for purposes of irrigation or any other purpose.] the Government shall be entitled to levy a separate charge for such water hereinafter referred to as water rate and 55. Substituted for the words "the Government may prescribe the rates at which, the manner in which and the authority by which such water rates shall be fixed and the water rate so fixed may be in lieu of the water rate, if any, payable under any other law in force" by Act No. 8 of 1964, w.e.f. 27-2-1964 [the Government may prescribe the rates at which such water rates shall be levied, which may be. (i) different in respect of water supplied, made available or used for different purposes;
66. Item (ii) substituted by Act No. 18 of 1965, w.e.f. 11-11-1965 [(ii) different in respect of water supplied, made available or used from different irrigation works, and when water is supplied, made available or used for irrigation of any land, with or without reference to the crop or crops grown or which may be grown on such land.]
(iii) in lieu of water rate, if any, payable under any other law, and the manner in which and the authority by which the amount of water rate levied shall be determined]: 77. Proviso omitted by Act No. 23 of 1961 [x x x x x.]
88. Proviso inserted by Act No. 21 of 1995, w.e.f. 1-7-1997 [Provided that if in any area or areas water is supplied or made available from any irrigation work by or on behalf of the Krishna Bhagya Jala Nigam Limited (hereinafter called as Nigam the water rates shall be levied and collected by the said Nigam in such area or areas.]
11. Sub-sections (1-A) and (1-B) inserted by Act No. 16 of 1995, w.e.f. 16-5-1995 (1A) Notwithstanding anything contained in sub-section (1), the 22. Substituted for the words "Government may supply" by Act No. 21 of 1995, w.e.f. 1-7-1997 [the Government or Nigam, as the case may be, may supply] or make available water for the purpose of irrigation, to water users, societies registered under the Karnataka co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) 33. The words "or the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960>" omitted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [x x x x x] and the 44. Substituted for the words "Government shall levy" by Act No. 21 of 1995, w.e.f. 1-7-1997 [Government or the Nigam, as the case may be, shall levy] and collect from such societies the water rates, on volumetric basis. The Government may prescribe the rate at which such water rates shall be levied and the manner in which and the authority by which the amount of water rate levied shall be determined such societies may supply water to farmers and collect water charges from the individual farmers.
(1B) Notwithstanding anything contained in the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) 55. The words "or the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of I960)" omitted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [x x x x x], Government may issue direction from time to time for the purpose of implementing the provisions of sub-section (l-A), to ensure equitable distribution of water and efficient collection of 66. Substituted for the words "water rate" by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [water charges] which shall be binding on the water users societies.]
77. Sub-section (2) omitted by Act No. 8 of 1964, w.e.f. 27-2-1964 [(2) x x x x x.]
(3) The amount of water rate 88. Inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [or the water charges, as the case may be] shall be recoverable in the same manner as arrears of land revenue due on the land.
Section10A Application of this Act to the Tungabhadra Project
11. Section 10-A Inserted by Act No. 23 of 1961 The provisions of this Act relating to the levy of water rate shall be applicable in respect of any water stored, consumed, distributed or sold by the authority established under Section 66 of the Andhra State Act, 1953 (Central Act 30 of 1953):
Provided that no rule or order for the fixation of the water rate and other incidents in respect of such water rate shall be made except with the previous consent of the President of India.]
Section11 Power to make rules
(1) The Government may subject to the condition of previous publication, by notification make rules to carry out the purposes of this Act 11. Inserted by Act No. 23 of 1961 [and such rules may be general for all irrigation works or may be special for one or more irrigation works, as may be specified in such rules].
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide.
(a) for the delegation of powers of the Government to such authority or authorities as may be notified;
(b) for the provision of such appeals and revision as may be found necessary in respect of the orders passed by any authority to whom powers may be so delegated; and
(c) for all matters expressly required or allowed by this Act to be prescribed.
22. Sub-sections (3) and (4) substituted for sub-section. (3) by Act No. 8 of 1964, w.e.f. 27-2-1964 [(3) A rule made under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement laid before both Houses of the State Legislature. Subject to any modification made under sub-section (4), every rule made under this Act shall have effect as if enacted in this Act.
(4) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the sessions immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section12 Repeal and savings
Chapter VI of the Karnataka Irrigation Act, 1932 (Karnataka Act I of 1932); Section 53 of the Karnataka Land Revenue Code, 1888 (Karnataka Act IV of 1888); Section 55 of the Bombay Land Revenue Code, 1879 (Bontbay Act V of 1879); Section 53 of the Hyderabad Land Revenue Act, 1317 F. (Hyderabad Act VIII of 1317 Fasli); Sections 44, 48,48-A, 49,50, 51,52, 53,54,55, 56, 56-A, 56-B, 56-C, 56-D, 56-E and 56-F of the Bombay Irrigation Act, 1879 (Bombay Act VII of 1879); the Madras Irrigation (Levy of Betterment Contribution) Act, 1955 (Madras Act III of 1955); the Madras Irrigation Cess Act, 1865 (Madras Act VII of 1865); the Hyderabad Irrigation (Betterment Contribution and Inclusion Fees) Act, 1952 (Hyderabad Act V of 1952); and the Coorg Irrigation Cess Act, 1943 (Coorg Act TV of 1943) are hereby repealed:
Provided that such repeal shall not affect.
(i) the previous operation of the said provisions or anything duly done or suffered thereunder; or
(ii) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments; or
(iii) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability or forfeiture as aforesaid; and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such forfeiture may be imposed as if this Act had not been passed:
Provided further that the provisions of this Act relating to levy of betterment contribution shall not be applicable to lands in respect of which contribution or betterment charges have already been levied under any repealed enactment and such contribution or betterment charges shall continue to be collected as if this Act had not been passed:
Provided also that the water rate, water cess or irrigation cess levied in respect of any land under any repealed enactment shall continue to be levied until water rates are levied in accordance with the provisions of this Act.
RULE:
KARNATAKA IRRIGATION (LEVY OF WATER RATES) RULES, 1965
In exercise of the powers conferred by Section 11 of the Karnataka Irrigation (Levy of Betterment Contribution and Water Rates) Act, 1957 (Karnataka Act 28 of 1957), the Government of Karnataka hereby makes the following rules, the draft of the same having been previously published as required by sub-section (1) of the said section, in Notification No. PWD 33 LBW 64, dated the 8th November, 1965 as GSR 726 in Part IV, Section 2-C(i) of the Karnataka Gazette, dated the 11lth November, 1965, namely.
Rule1 Title and commencement
(1) These rules may be called the Karnataka Irrigation (Levy of Water Rates) Rules, 1965.
(2) They shall be deemed to have come into force on the First day of July, 1965.
Rule2 Definitions
In these rules, unless the context otherwise requires.
(1) "Act" means the Karnataka Irrigation (Levy of Betterment Contribution and Water Rates) Act, 1957;
(2) "Assistant Commissioner" means the Assistant Commissioner in charge of the Revenue Sub-Division of the area in which the land in respect of which water rate leviable is situated;
22. Clause (2-A) inserted by GSR 187, dated 30-6-1976 and shall be deemed to have come into force w.e.f. 1-7-1976 (2A) "Lift Irrigation Works" means an Irrigation work wherein water is lifted by mechanical contrivance from a natural stream or halla or river or from a reservoir, pond, anicut and canal belonging to Government and used for irrigation purpose, and shall include all intake works, machinery and appurtenances required for the suction, delivery and distribution of water;]
(3) "Revenue year" means the year commencing on the First day of July;
(4) "Section" means a section of the Act;
(5) "Tahsildar" means the Tahsildar entrusted with the land revenue administration of the taluk in which the land in respect of which water rate is leviable is situated.
Rule3 Levy of Water Rates for the use of water from Irrigation works
11. Rule 3 substituted by GSR 214, dated 13-7-1971 and shall be deemed to have come into force w.e.f. 1-7-1965
(1) In respect of water supplied, made available or used from any 22. Substituted for the words "irrigation work" by GSR 293, dated 4-11-1987, w.e.f. 1-7-1985 [major or medium irrigation work] for growing the crops specified in column (2) of the Table below, water rates at the rate specified in the corresponding entries in column (3) thereof shall, in respect of each such crop grown, be levied.
TABLE
SI. No.
Crops
Water rate in rupees per acre.
1.
Sugarcane to be harvested within 12 months.
One hundred and fifty.
2.
Sugarcane to be harvested after 12 months but within 18 months.
Two hundred and Twenty-five.
3.
Paddy
Thirty-five for the first crop, Forty for each of the second and subsequent crops.
4.
Wheat
Twenty-two
5.
Jower
Twenty
6.
Groundnut
Twenty-four
7.
Tobacco
Twenty-four
8.
Cotton
Forty
9.
Maize, Ragi, Navane, Sajje, Greengram, Sweet Potato, Gingelly, Onion, Coriander
Twenty
10.
Pulses
Fifteen
11.
Manurial Crops
Eight
12.
Garden Crops
Forty.
11. Explanation inserted by GSR 411, dated 30-11-1976 and shall be deemed to have come into force w.e.f. 1-7-1976 [Explanation. Malnad Areas having rainfall of 1250 mm for purposes of Sl. No. 2(a) means the following areas, in the Districts specified therein.
District
Area
(1)
Belgaum District
(a) Belgaum Taluk
(b) Khanapur Taluk
(2)
North Kanara District
(a)Haliyal Taluk
(b)Supa Taluk
(c) Karwar Taluk
(d)Yallapur Taluk
(e) Ankola Taluk
(f) Sirsi Taluk
(g)Kumta Taluk
(h) Siddapur Taluk
(i) Honnavar Taluk
(j)Bhatkal Taluk
(3)
Shimoga District
(a)Sorab Taluk
(b)Sagar Taluk
(c) Hosanagar Taluk
(d) Thirthahally Taluk
(4)
South Kanara District
(a) Coondapur Taluk
(b)Udipi Taluk
(c)Karkal Taluk
(d) Mangalore Taluk
(e) Bantwal Taluk
(f)Puttur Taluk (g)Sullia Taluk
(h) Belthangady Taluk
(5)
Chickmagalur District
(a) Narasimharajapura Taluk
(b) Koppa Taluk
(c)Sringeri Taluk
(d) Mudigere Taluk
(6)
Hassan District
(a)Belur Taluk
(b)Alur Taluk
(c) Sakleshpura Taluk
(7)
Coorg District
(a)Mercara Taluk
(b) Somwarpet Taluk
(c)Virajpet Taluk.]
11. Sub-rule (1-A) and the Explanation inserted by GSR 293, dated 4-11-1987, w.eJ. 1-7-1985 (1A) Where the water is supplied, made available or used from any minor irrigation work for irrigating any land, the water rate shall be levied.
Provided that the water rate levied under this sub-rule shall not be less than one and half times or more than two times of the difference between the land revenue leviable on a wet land and dry land in accordance with the land revenue settlement for the time being in force in the area.
Explanation. For the purpose of this sub-rule and sub-rule (1).
(i) "major irrigation work" means an irrigation work having an irrigable area of more than 10,000 hectares;
(ii) "medium irrigation work" means an irrigation work having an irrigable area of more than 2,000 hectares and upto 10,000 hectares;
(iii) "minor irrigation work" means an irrigation work having an irrigable area upto 2,000 hectares.]
22. Sub-rule (2) substituted by GSR 6, dated 29-12-1975 [(2) Where water is supplied, made available soured from any irrigation work for irrigating any land on which any of the crops specified in Sl. Nos. 2 and 3 of the Table to sub-rule (1) is grown twice in a revenue year, water rate on the second crop of such crops also should be levied at the same rate as for the first crop.]
(3) Where water supplied or made available from any irrigation work cannot be used for irrigating any land without baling or using a mechanical contrivance and the water supplied or made available is used for irrigation after such bailing by using mechanical contrivance, water rates shall be levied at half the rates specified in sub-rules (1) and (2).
33. Sub-rule (4) substituted by GSR 84, dated 6-3-1984, w.e.f. 5-4-1984 [(4) Where water is supplied made available or used for irrigating any land which had not been irrigated by water before coming into force of these rules, no water rates shall be levied for the period of the first five years from the date water is supplied, made available or used for irrigating such land.]
Rule3A Levy of Water rate where no crop is grown
11. Rule 3-A inserted by GSR 104, dated 2-4-1968 and shall be deemed to have come into force w.e.f. 1-7-1965 Notwithstanding anything contained in Rule 3 where water is supplied made available or used for growing any crop or the irrigation of any land but no crop is actually grown, water rate shall be levied at the rates prescribed in the said rule as if the concerned crop was grown'.]
Rule3B Levy of water rate for use of water from natural waterways, etc
(1) Where water is used from natural waterways, rivers and streams or parts thereof after obtaining permission for such use, for irrigation of any land 33. The words "after bailing or using a mechanical contrivance" omitted by GSR 27, dated 25-1-1973, w.e.f. 8-2-1973 [x x x x x], water rate at four rupees per acre shall be levied in respect of each revenue year.
(2) The provisions of Rule 4 applicable to the determination of water rate levied under Rule 3 shall mutatis mutandis apply to the determination of water rate payable under sub-rule (1).]
Rule3C Levy of Water Rate for use of Water from Lift Irrigation Works
44. Rule 3-C inserted by GSR 187, dated 30-6-1976 and shall be deemed to have come into force w.e.f. 1-7-1976 In respect of water supplied made available or used from any lift irrigation work owned and maintained by Government for irrigation of any land, water rates shall be levied as below.
Rule3D Levy and determination of water rate for use of water for purposes other than agriculture
55. Rule 3-C inserted by GSR 11, dated 1-1-1980 and shall be deemed to have come inot force w.e.f. 1-3-1967
(1) Where water is used from any irrigation work for any purpose other than agriculture, after obtaining necessary permission, there shall be levied a water rate as follows, namely. (A)
if water is used for domestic
purpose; and
Rupees one hundred and fifty per million cubic feet of water;
(B)
if water is used for any other purpose;
.
.
(i)drawn from natural waterways, rivers or streams
Three hundred and fifty rupees per million cubic feet of water
.
(ii) drawn from a canal, tank, reservoir, anecut, bandhara, pond, kunta, talaparigs and madagus, belonging to the Government
Seven hundred rupees per million cubic feet water:
Provided that, where water drawn for such purposes is returned unpolluted to such canal, tank, reservoir, anecut, bandhara, pond, kunta, talaparigs or madagu, then the water rate for the quantity of water so returned shall be limited to three hundred and fifty rupees per million cubic feet of water:
Provided further that, no water rate shall be levied for water used by an industry for a period of five years from the date of starting such industry.
(2) Necessary approved measuring device shall be installed by the person drawing water to measure the water drawn and returned.
(3) The Executive Engineer in charge of the Irrigation work shall determine and recover the amount of water rate levied under sub-rule (1). The amount of water rate levied under sub-rule (1) shall be paid within fifteen days from the date of the demand notice, failing which supply of water may be stopped.
(4) Any person objecting to the levy of water rate as specified in the notice under sub-rule (3), may within thirty days from the date of service of such notice appeal to the Superintending Engineer who shall after giving the appellant an opportunity of being heard pass such orders as he thinks fit and the order of the Superintending Engineer on such appeal shall be final:
Provided mat the Superintending Engineer may admit an appeal preferred after the period of thirty days if he is satisfied that the appellant had sufficient cause for not preferring the appeal within that period.]
Rule4 Determination of water rates
11. Sub-rule (1) substituted by GSR 11, dated 1-1-1980, w.e.f. 17-1-1980 but the entire Rule 4 shall be and shall be deemed always to have been omitted by GSR 356, dated 3-8-1967 (1) In respect of each crop or revenue year, as the case may be, an officer of the Revenue Department nominated by the Tahsildar and an officer of the Irrigation Department nominated by the Assistant Executive Engineer shall jointly inspect and prepare a statement of each survey number to which water was supplied, made available or used for irrigation and the crops raised therein. As far as possible the joint inspection shall be held and the statement shall be prepared in the presence of the landholder concerned and signature of the concerned landholder shall be taken to the statement and the same shall be submitted to the concerned Assistant Executive Engineer who shall after satisfying himself of the correctness of the statement, prepare a statement of water rates payable by each landholder. The statement so prepared shall be notified in the village chavadi, Panchayat office and such other public offices and places as the Assistant Executive Engineer may deem fit inviting objections, if any, in writing, by the concerned landholders. If no objections are received, the Assistant Executive Engineer shall send the statement to the Tahsildar for collection of the water rates specified therein. If any objection is received by the Assistant Executive Engineer, he shall, along with the Tahsildar concerned, inspect the lands in respect of which objections have been received and after giving the landholder concerned an opportunity of being heard, revise the statement if he thinks fit to do so. The revised statement shall be forwarded to the Tahsildar for collection of water rates specified therein.]
(2) After the preparation of the statement of water rates payable by each landholder under sub-rule (1), the Tahsildar shall issue a notice of demand to the person liable to pay the water rate and cause such notice to be served on such person by tendering or delivering it to such person or his agent, if any, or if he or his agent cannot be found by tendering or delivering it, to aradult member of his family residing with him, or by affixing a copy thereof or his place of residence, or by sending the same by registered post to his last known place of residence.
(3) Any person objecting to the levy of water rate as specified in the notice of demand served on him may, within thirty days from the date of service of such notice appeal to the Assistant Commissioner who shall after giving the appellant an opportunity of being heard, pass such orders on the appeal as he thinks fit:
Provided that the Assistant Commissioner may admit an appeal preferred after the period of thirty days if he is satisfied that the appellant had sufficient cause for not preferring the appeal within that period.
(4) The amount of water rate specified in the notice of demand served under sub-rule (2) shall be paid within fifteen days from the date of service of such notice and where an appeal has been preferred under sub-rule (3) against such notice of demand, the amount of water rate payable in accordance with the decision of such appeal, shall be paid within fifteen days from the date of the appellate order.
Rule4A Levy of Water Rates for the use of water from irrigation works from Nigam
11. Rules 4-A and 4-B inserted by GSR 80, dated 4-7-1997, w.e.f. 24-7-1997 In respect of the water supplied, made available or used from any irrigation work by or on behalf of the Krishna Bhagya Jala Nigam Limited incorporated under the Companies Act, 1956 (Central Act 1 of 1956) (hereinafter referred to as the Nigam) for growing crops, water rates shall be as follows.
Rule4B Determination of Water Rates
(1) In determining the water rates levied under Rule 4-A in respect of each crop of revenue year, an officer authorised by the Nigam in this behalf (hereinafter referred to as the empowered officer) shall notify in the village chavadi and inform through tom tom the date on which the statement regarding water used for irrigation and crops raised therein shall be prepared and inform the landholders or their agents to be present and prepare a statement of each survey number to which water was supplied or made available or used for irrigation and the crops raised therein. The statement shall be prepared in the presence of the landholder'or his agent duly authorised by him and the signature of the landholder obtained. Based on the statement prepared, entries shall be made in the pass book issued to the landholders. The Assistant Executive Engineer in charge of the area in which the land in respect of which water rate is leviable is situated (hereinafter referred to as the Sub-Divisional Officer) shall issue a notice of demand to the person liable to pay the water rate and cause such notice to be served on such person or his agent, if any, or if he or his agent cannot be found by tendering or delivering it to an adult member of his family residing with him, or by affixing a copy thereof on his place of residence. The time limit fixed for issuing a notice of demand is 30th September for Khariff crops and 31st January for Rabi crops.
(2) Any person objecting the levy of water rate as specified in the notice of demand served on him may within 30 days from the date of service of such notice appeal to the empowered officer, who shall after giving the Appellant an opportunity of being heard pass such order on the appeal as he thinks fit:
Provided that the empowered officer may admit an appeal preferred after a period of thirty days if he is satisfied that the appellant had sufficient cause for not preferring the appeal within that period.
(3) The amount of. water rate specified in the notice of demand served under sub-rule (1), shall be paid in the Office of the Sub-Divisional Officer or at a Bank as may be designated by the Nigam before 15th November in the case of Khariff crops and 15th March, in the case of Rabi crops and where an appeal has been preferred under sub-rule (2) against such notice of demand, the amount of water rate payable in accordance with the decision of such appeal shall be paid within 15 days from the date of the appellate order. When remittances are made in the Bank, the remitter shall get the entries made in the demand, collection and balance register at the office of Sub-Divisional Officer.
(4) For water supplied to Water Users Societies, the Sub-Divisional Officer shall determine and recover the water rate in accordance with the provisions of the agreement entered into by the Nigam with the Water Users' Society.]
Rule5 Repeal and savings
The provisions made for the levy of water rate, water cess or irrigation cess in respect of any lands under any enactment repealed by Section 12 are hereby repealed:
Provided that the said repeal shall not affect the levy and collection of such water rate, water cess or irrigation cess payable under the said provisions before the commencement of these rules and such levy and collection may be made as if the said provisions had not been repealed by these rules.
KARNATAKA IRRIGATION (LEVY OF BETTERMENT CONTRIBUTION) RULES, 1964
In exercise of the powers conferred by Section 11 of the Karnataka Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957 (Karnataka Act 28 of 1957), the Government of Karnataka hereby snakes the following rules, the draft of the same having been published in Notification No. PWD 11 LBW 63, dated the 3rd July, 1964; in the Karnataka Gazette, dated 28th July, 1964, as required by sub-section (1) of the said section, namely :-
Rule1 Title
These rules may be called the Karnataka Irrigation (Levy of Betterment Contribution) Rules, 1964.
Rule2 Definitions
In these rules unless the context otherwise requires.
(1) "Act" means the Karnataka Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957;
(2) "Form" means a form appended to these rules;
(3) "Section" means a section of the Act;
(4) "Year" means the year commencing from the First day of July.
Rule3 Prescribed Officer
In respect of lands under an irrigation work costing. 22. Rule 3 substituted by GSR 124, dated 3-3-1967
(i) more than rupees fifteen lakhs, the Superintending Engineer of the Circle;
(ii) not more than rupees fifteen lakhs, the Executive Engineer of the Division in which the irrigation work is situated shall respectively be the prescribed officers for purposes of Section 3.]
Rule4 Notification to be forwarded to Betterment Levy Officers [x x x x x]
11. The words "and Tahsildars" omitted by GSR 124, dated 3-3-1967 The Officer specified in Rule 3 shall forward a copy of the notification issued by him under sub-section (2) of Section 3 to the Betterment Levy Officer 22. The words "and the Tahsildar" omitted by GSR 124, dated 3-3-1967 [x x x x x] in whose jurisdiction any benefited land is situated.
Rule5 Procedure to be adopted by the Betterment Levy Officer
33. Rule 5 substituted by GSR 124, dated 3-3-1967 The statement being with a public notice required to be published under sub-section (3) of Section 4 in the village chavadi and the taluk office shall be published by the Betterment Levy Officer in Form I. Copies of the statement shall also be published at such convenient places as the Betterment Levy Officer thinks fit in the locality where the lands are situated. The notice to be served under sub-section (4) of Section 4 by the Betterment Levy Officer shall be in Form II.]
Rule6 Appeals
x x x x x.] 11. Rule 6 omitted by GSR 124, dated 3-3-1967
Rule7 Notice of Demand
22. Rule 7(1) substituted by GSR 124, dated 3-3-1967 (1) The Betterment Levy Officer shall issue a notice of demand in Form III to the person liable to pay the contribution.]
(2) Such notice shall be served on the assessee personally, and if he cannot be found on any adult member of his family residing with him or by affixture at his last known place of residence or sent by registered post to his last known address.
Rule8 Payment of [contribution]
33. Substituted for the words "basic contribution" by GSR 124, dated 3-3-1967 44. Substituted for the words "The basic contribution" by GSR 124, dated 3-3-1967 [The contribution] shall be payable in twenty annual instalments, the first instalment being payable before the 30th April following the date of service of the written notice of demand under Rule 7.
Rule9 Rate of interest on arrears
Interest at the rate of six per cent per annum shall be payable on all amounts of arrears of 55. Substituted for the words "basic contribution" by GSR 124, dated 3-3-1967 [contribution].
Rule10 Surrender of lands
(1) A landholder liable to pay the 66. Substituted for the words "basic contribution" by GSR 124, dated 3-3-1967 [contribution], who desires to surrender the whole or any part of his land in lieu of the contribution payable by him shall make an application in that behalf to the Deputy Commissioner within thirty days from the date of service of notice under Rule 7.
(2) The application under sub-rule (1) shall contain the following particulars, namely.
(1) The village in which the land is situated;
(2) The survey number and measurement of the land and assessment fixed in respect of the land;
(3) The price of the land as calculated by the applicant;
(4) The amount of 77. Substituted for the words "basic contribution" by GSR 124, dated 3-3-1967 [contribution] levied in respect of the land;
(5) If the applicant is surrendering only a part of the land, the measurement of such part and the price of such part as calculated by him.
(3) The Deputy Commissioner shall, on receipt of the application under sub-rule (2) and after such enquiry as he deems fit, determine the price of the land or part of the land proposed to be surrendered, as the case may be, having regard to.
(a) the statistics of sales of similar land in the neighbourhood; and
(b) the increase in capital value of the land.
Rule11 Notice by Deputy Commissioner of the proposal to surrender
(1) The Deputy Commissioner shall publish a notice containing the proposal to surrender the lands, the details of such lands and value fixed therefor.
(2) The notice under sub-rule (1) shall be published in the village where the benefited land is situated and the officer authorised to make such publication shall fumish a certificate attested by at least two persons who are residents of the village, that the notice was duly published in the village. A copy of the notice shall also be served in the manner specified in sub-rule (2) of Rule 7 on all persons interested in the land as shown in the Record of Rights relating to such land.
(3) Objections, if any, to the proposal to surrender shall be submitted to the Deputy Commissioner within sixty days from the date of publication or receipt of the notice, as the case may be.
(4) After the expiry of the period specified in sub-rule (3), the Deputy Commissioner shall consider the objections received and either accept or refuse to accept the offer of surrender of land.
(5) The Deputy Commissioner may refuse to accept the offer of surrender in the following cases, namely.
(i) inaccessibility or inconvenient location of the land offered to be surrendered;
(ii) where such land is not irrigable or is not included in any area subject to a localised scheme of irrigation;
(iii) where such land is a fragment or where the acceptance of the surrender : results in fragmentation of the holding which is prohibited under any law for the time being in force relating to consolidation of holdings or prevention of fragmentation of holdings;
(iv)where such land is not free from encumbrances.
Rule12 Repeal
The Karnataka Irrigation (Levy of Betterment Contribution) Rules, 1961 are hereby repealed.
APPENDIX 1 FORM1
FORM I
Public Notice
[See Rule 5]
The
landholders of lands under the irrigable command of the irrigation work, namely
specified in the statement annexed to this notice are hereby required to appear
before the Betterment Levy Officer either personally or by Agent at on and to
state (1) their objections, if any, to the inclusion of the lands in the
statement as lands (a) under the irrigable command of the irrigation work, or
(b) of any specified nature and extent of irrigability; and (2) in respect of
payment of betterment contribution the basis on which they claim that the
amount of betterment contribution has to be computed. The statement shall be
made in writing and signed by the party or his Agent.
Here specify the name of the Irrigation work.
Here specify the place, time and date. The time to be specified in the
notice should be earlier
than one month from the date of publication of the notice.
STATEMENT
........District....Taluk..Circle...Village
Name of the Landholders. Survey number or other particulars of the lands under the irrigable command of the irrigation work. Extent of lands. Nature and extent of the irrigability of the lands. Remarks (1) (2) (3) (4) (5)
Place.
Date. Betterment Levy
Officer.
APPENDIX 2 FORM2
FORM II
Notice
[See Rule 5]
To
..............
..............
Whereas, you are the landholder of lands under the
irrigable command of the irrigation work namely....................specified in
the statement annexed to this
notice.
You are hereby required to appear before the
Betterment Levy Officer either
personally or by agent at.......on..............and to state (1) your objection, if any, to the
inclusion of the lands in the statement as lands (a) under the irrigable command of the irrigation work or
(b) of any specified nature an extent
of irrigability; and (2) in respect of payment
of betterment contribution, the
basis on which you claim that the amount of
betterment contribution has to be computed. The statement shall be
made in writing and signed by you or
your agent.
STATEMENT
......District......Taluk..Circle....Village
Name of the land holder Survey number or other particulars of the lands under the irrigable command of the irrigation work Extent of lands Nature and extent of irrigability of the lands Remarks (1) (2) (3) (4) (5)
Place:
Date:
Betterment Levy Officer.
APPENDIX 3 FORM3
FORM III
Notice of
Demand
[See Rule 7]
Shri.............
Take notice that in respect of your land or lands
particulars of which are given in the statement annexed to this notice, a
contribution specified therein has been determined and you should pay the
amount due in twenty annual instalments, the first instalment being payable
before you have the option to pay the entire amount in two years from the date
of service of this notice in which case you will be allowed a rebate of ten per
cent.
STATEMENT
Name of work Classification of work Village or villages in which the lands are situated Class of land Survey No. of land Extent of land (1) (2) (3) (4) (5) (6)
Amount of contribution payable Amount of contribution if any previously paid to Government Balance of contribution payable Amount of annual instalment Remarks (7) (8) (9) (10) (11) |
