Section 77

Section 77 of Bihar Irrigation Act. Assessment of betterment contribution (1) The amount of betterment contribution payable in respect of any land shall be an amount equal to the fraction as specified by the State Government of the total cost of the construction, expansion or improvement or alteration of the irrigation work: Provided

Assessment of betterment contribution (1) The amount of betterment contribution payable in respect of any land shall be an amount equal to the fraction as specified by the State Government of the total cost of the construction, expansion or improvement or alteration of the irrigation work:

Provided that the amount of betterment contribution payable in respect of any land shall not be more than the cost per hectare as may be prescribed by the State Government from time to time:

Provided further that the Government may prescribe different fraction of the total cost of construction, expansion, improvement or alteration of the irrigation work and different rates per hectare for different lands covered by different projects for purpose of betterment contribution :

Provided also that no betterment contribution shall be leviable in respect of a land (a) not earlier than five years from the date on which water is made available;

(b) which is unarable;

(c) benefited by the construction, expansion, improvement or alteration of an irrigation work which is not capable of irrigating more than forty hectares of land.

(2) As soon as may be, after the publication of notification under sub-section (2) of section 76 in respect of any irrigation work, the Betterment Levy Officer shall prepare a statement showing the land under the irrigable command of the irrigation work in respect of which the betterment contribution in accordance with the provisions of sub-section (I) is payable, and the nature and extent of irrigability of different lands.

(3) The statement so prepared along with a public notice shall be published in the village and the Block Office and in such other manner as may be prescribed and such notice shall require the owners of lands under the culturable commended area 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 objection- ode (i) to the inclusion of lands in the statement as land under the irrigable command of the irrigation work;

(ii) to the inclusion of the lands in the statement as land of any specified nature and extent of irrigability; and (b) in respect of payment of betterment contribution, the basis on which they claim that the amount of betterment contribution has to be computed and such statement shall be made in writing and signed by the party or his agent.

(4) The Betterment Levy Officer shall also serve notice to the same effect on the owner of such land or his agent authorised to receive service on his behalf, who resides within the revenue district in which the land is situated and in case any owner resides elsewhere and has no such agent, the notice shall be sent to him by registered post.

(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 an inquiry in the manner prescribed 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 amount of betterment contribution payable in respect of the said lands; and (b) the date from which such betterment contribution shall be payable.

(6) Any person aggrieved by an order made under sub-section (5) may, within sixty days from the date of the order, appeal to the prescribed authority and the authority may pass such orders on the appeal as it may deem fit.

(7) An order passed by the prescribed authority on an appeal preferred to it under sub-section (6) and subject to the orders of the authority the order of the Betterment Levy Officer under sub-section (5) shall be final.

(8) At the end of every four years from the year in which the betterment contribution is finally determined under sub-section (1) any future instalment of such contribution shall be liable to be revised on the same basis as provided in the said sub-section.

(9) If in the opinion of the State Government the enforcement of all or any of the provisions of this chapter will cause hardship in any case or cases, the Government may, by notification, setting out the ground therefore, exempt either permanently or for a specified period such case or cases from all or any of the provisions of this chapter, subject to such condition, if any, as the Government may deem fit to impose.

Section 77, Bihar Irrigation Act (Act 11 of 1998).