70. Assessment of betterment contribution by Trust.
(1)When it appears to the Trust that the improvement scheme is sufficiently advanced to enable the amount of the betterment contribution to be determined, the Trust shall, by a resolution passed in this behalf, declare that for the purpose of determining such contribution the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to every person on whom a notice in respect of the land to be assessed has been served under clause (a) of sub-section (1) of section 41 that the Trust proposes to assess the amount of the betterment contribution payable in respect of such land under section 69.(1A)[ Notwithstanding anything contained in sub-section (1), where the execution of the scheme in a part of the area covered by the sanctioned scheme has, in accordance with the standard prescribed by rules made by the State Government in this behalf, reached such stage of completion that the amount of betterment contribution can be determined and it appears to the Trust that a considerable time is likely to be required for the execution of works in the remaining part of the said areas and that it is expedient to determine and to recover the betterment contribution from the residents of the first mentioned part of the area, the Trust may, by a resolution passed in this behalf, declare that for the purpose of determining such contribution the execution of the scheme shall be deemed to have been completed with respect to the first mentioned part of the area and forward the same for the approval of the State Government.(1-B) The State Government shall, thereupon, cause to be published in the prescribed manner the resolution together with a notice calling upon owners of lands liable to pay the contribution to submit objection, if any, within such period and to such authority as may be specified in the notice.(1-C) The authority specified in the notice shall after giving the objectors an opportunity to be heard shall forward a report to the State Government.(1-D) If the State Government on receipt of such report gives its approval to the resolution, the Trust shall take action as on a resolution passed under sub-section (1).] [Inserted by M.P. Act No. XIII of 1952, section 2.](2)The Trust shall then assess the amount of betterment contribution payable by each person concerned after giving such person an opportunity to be heard and such person shall, within three months from the date of receipt of notice in writing of such assessment from the Trust, inform the Trust by declaration in writing whether he accepts or dissents from the assessment.(3)When the assessment proposed by the Trust is accepted by the person concerned within the period specified in sub-section (2), such assessment shall be final.(4)If the person concerned dissents from the assessment made by the Trust or fails to give the Trust the information required by sub-section (2) within the period specified therein, the matter shall be determined by the Tribunal appointed under section 60 in such manner as it thinks fit.
