Section 2 in Tamil Nadu Irrigation (Levy of Betterment Contribution) Act, 1955
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-(1)"contribution" means the betterment contribution referred to [in sections 4-A and 4-B] [These words, figures and letters were substituted for the words and figure 'in section 3' by section 2(i) of the Tamil Nadu Irrigation (Levy of Betterment Contribution) Amendment Act, 1963 (Tamil Nadu Act 32 of 1963).].(2)"drainage work" includes-(a)channels, whether natural or artificial, for the discharge of waste or surplus water and all works connected with or auxiliary to such channels;(b)escape channels from an irrigation work;(c)dams, weirs, embankments, sluices and groynes;(d)all works for the protection of lands from floods or from erosion, which are owned or controlled by the Government, or which are maintained by them otherwise than by an assignment of land or land revenue made, confirmed, recognized 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 to any person, but does not include works for the removal of sewage;[(2-A) "execution", in relation to a notified work, means the construction, expansion or alteration of the notified work;] [Inserted by section 2(ii) section 2(i) of the Tamil Nadu Irrigation (Levy of Betterment Contribution) Amendment Act, 1963 (Tamil Nadu Act 32 of 1963).](3)"Government" means the State Government;[(3-A) "improved old ayacut" in relation to any notified work, means all 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 decay or [Inserted by section 2(iii) section 2(i) of the Tamil Nadu Irrigation (Levy of Betterment Contribution) Amendment Act, 1963 (Tamil Nadu Act 32 of 1963).]Explanation I. - For the purposes of this clause, lands shall be deemed to be significantly benefited by the execution of a notified work, if such lands-(a)having been under single crop irrigation or double crop irrigation from a Government source of irrigation before the execution of the notified work continue to be under such irrigation and are provided with a more adequate supply or better assured supply of water for irrigation as a result of the execution of the notified work, or(b)having been liable to non-beneficial submersion or stagnation of water before the execution of the notified work, have been substantially relieved of such submersion or stagnation as a result of the execution of the notified work:Provided that no lands shall be deemed to be significantly benefited if the more adequate supply or better assured supply of water for irrigation referred to in clause (a) of this Explanation or the substantial relief of submersion or stagnation referred to in clause (b) of this Explanation is as a result of mere repairs or restoration of the existing irrigation or drainage work to its original state after decay or injury.Explanation II. - For the purposes of Explanation I, the question whether any land-(1)is provided with a more adequate supply or better assured supply of water for irrigation shall be decided with regard to-(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 duration; and(iii)such other like matters as may be prescribed by rules made by the Government in this behalf;(2)has been substantially relieved of the non-beneficial submersion or stagnation of water shall be decided with regard to-(i)the improvement of the land on account of the protection from suspension or stagnation or on account of the reduction in the period of submersion or stagnation; and(ii)such other like matters as may be prescribed by rules made by the Government in this behalf.Explanation III. - A land shall be deemed to be significantly benefited notwithstanding that the benefit is not enjoyed, provided that such non-enjoyment is due solely to action or inaction on the part of the person or persons interested in such land;](4)"irrigation work" includes - (a) all canals, channels, tanks, wells, reservoirs, ponds, spring ponds and madugus used for the supply or storage of water, and all works, embankments and structures (other than escape channels) connected therewith or auxiliary thereto, which are owned or controlled by the Government, or which are maintained by them otherwise than by an assignment of land or land revenue made, confirmed or recognized 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 to any person;(b)all such lakes and other natural collections of water or parts thereof as are situated on lands which are the property of Government;(c)all rivers and natural streams or parts thereof;(5)"landholder", in relation to any land, means the person liable to pay the pubic revenue due on the land:[Provided that in respect of any land comprised in the holding of a kanamdar or a customary verumpattamadar in the territory to which the Malabar Tenancy Act, 1929 ([Tamil Nadu] [Substituted by Madras Adaptation of Laws Order, 1957.] Act XIV of 1930) extends, the kanamdar or the customary verumpattamdar, as the case may be, shall be deemed to be the landholder in respect of such land;][(5-A) "new ayacut", in relation to any notified work, means all lands which are benefited by the execution of the notified work. [Inserted by section 2(iv) of the Tamil Nadu Irrigation (Levy of Betterment Contribution) Amendment Act, 1963 (Tamil Nadu Act 32 of 1963).]Explanation I. - For the purposes of this clause, lands shall be deemed to be benefited by the execution of a notified work, if such lands-(a)having been left waste or under unirrigated cultivation, before the execution of the notified work have been brought under irrigation subsequently with water supplied from a Government source of irrigation as a result of the execution of the notified work, or(b)having been under single crop irrigation before the execution of the notified work have been brought under double crop irrigation subsequently with water supplied from a Government source of irrigation as a result of the execution of the notified work.Explanation II. - A land shall be deemed to be benefited notwithstanding that the benefit is not enjoyed, provided that such non-enjoyment is due solely to action or inaction on the part of the person or persons interested in such land;](6)"notification" means a notification published in the [Fort. St. George Gazette] [Now the Tamil Nadu Government Gazette.];[(6-A) "notified work" means any irrigation or drainage work executed on or after the 1st January 1947, and notified by the Collector of the district in the District Gazette;] [Inserted by section 2(v) of the Tamil Nadu Irrigation (Levy of Betterment Contribution) Amendment Act, 1963 (Tamil Nadu Act 32 of 1963).](7)"prescribed" means prescribed by rules made under this Act;(8)[ [***] [Omitted by section 2(vi) of the Tamil Nadu Irrigation (Levy of Betterment Contribution) Amendment Act, 1963 (Tamil Nadu Act 32 of 1963).]
