Section 3 in The Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959
3. Power of State Government to levy betterment contribution.
- Subject to the provision of Section 4, the State Government shall be entitled to levy and recover a betterment contribution in accordance with the provisions of this Act from the owner of any land which in its opinion is benefited by any irrigation work or flood protection work or part of such work whether completed after the commencement of this Act or at any time before such commencement but not earlier than the 15th day of August, 1951:Provided that -(a)in respect of the land of a privileged person as defined in clause (i) of Section 2 of the Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar Act IV of 1948), no betterment contribution shall be levied;(b)in respect of an irrigation work or part of such work -(i)no betterment contribution shall be leviable except after four years of the completion of the irrigation work or part of such work, as the case may be; and(ii)no betterment contribution shall be levied if the cost of such work, not being a reservoir or storage dam, is less than rupees ten lakhs; and(c)in respect of flood protection work no betterment contribution shall, except in respect of lands situated in an urban area, be levied if the cost of such work is less than rupees five lakhs.Explanation 1. - A land shall be deemed to be benefited from an irrigation work if it is capable of being benefited from such work notwithstanding that the benefit is not enjoyed due to any action or inaction on the part of the owner of such land.Explanation 2. - For the purposes of this Act, the date of completion of an irrigation work or flood protection work or part of such work shall be the date which may be notified in this behalf by the State Government in the Official Gazette.Explanation 3. - In this Section and in Section 4 'urban area' means lands comprised within the local limits of Municipality or a Notified Area Committee established under the Bihar and Orissa Municipal Act, 1922 (B.& O. Act VII of 1922) or within the local limits of the Patna Municipal Corporation.
