177A. Increase in assessment of irrigated land assessed at un-irrigated rates.
(1)If any land held by a tenant is irrigated by canal constructed at the expense of the State Government and if such land is assessed at un-irrigated rates, the tenant shall, as from the date of the commencement of the Rajasthan Finance Act, 1979 or from the date from which the land first gets irrigated from the canal, whichever is later be liable to pay rent enhanced by Rs. 1.50 per bigha, until a new settlement takes place :Provided that if such irrigated land falls in the command of an irrigation project and nahari rates have been sanctioned for other lands in the command of that project, the lowest of the nahari rates applicable in the command of that project shall be charged instead of the un-irrigated rate enhanced by Rs. 1.50 per bigha as a foresaid.Explanation.- For purposes of this sub-section 'bigha' shall mean an area equivalent to 5/8th of an acre.(2)The tenant liable to pay enhanced rent under sub-section (1) may, within 30 days from the date from which he becomes liable to pay enhanced rent, refuse in writing to accept the rent enhanced by this section and, upon such refusal, the provisions of section 169 shall apply as if the rent so enhanced were the rent determined by an order of the Settlement Officer under section 167.(3)The provisions of this section shall be notwithstanding anything in section 167 or 172 or any order of the Settlement Officer under section 166 or anything in any assessment parcha or any law, rule, custom, usage or practice to the contrary.E. Intermediate Revision
