Section 4 in The Bihar Irrigation and Flood Protection, (Betterment Contribution) Rules, 1961
4. Notification regarding specifications of the land benefited.
(1)Whenever the State Government decides to levy betterment contribution under Section 3 in respect of any irrigation work or flood protection work or part of such work, it shall call upon the Engineer in charge of the work to prepare.a report about the details of the lands which have been benefited by the work or part of the work in consultation with the District Development Officer and the District Agricultural Officer of the district or the districts in which the land is situated and on receipt of the same it shall direct a Senior Engineer at headquarters not connected with the execution of the work to scrutinize it carefully and place his views before a Board consisting of three senior officials and one non-official chosen for the purpose, for consideration. The Board shall then proceed to consider his views and make its own recommendations to the State Government. The State Government, after considering the views of the Board, shall publish in Form B the details of the lands which have been benefited by the work or part of the work by notification in the Official Gazette and copies thereof shall be posted -(a)at the offices of the Collector of the district, the Sub-divisional Officer and the Block Development Officer/Anchai Adhikari/Circle Officer, having jurisdiction over the lands specified in the notification;(b)at any conspicuous place such as, a Panchayat Ghar or a Community Hall, or any other suitable place, in the village in which the lands specified in the notification are situated.(2)The Executive Engineer in charge of the work shall get the copies of the notification published at the places mentioned in sub-rule (1) and shall furnish a certificate of his having done so to the Collector of the district and such certificate shall be conclusive proof of the publication thereof.Explanation. - (i) When any land is benefited by a flood protection work as well as by an irrigation work which is distinct and separate from the flood protection work, betterment contribution shall be leviable, subject to the provisions of Section 4 in respect of both the flood protection work and the irrigation work.(ii)In the case of a work which is ancillary to the main flood protection work such as a sluice on a flood protection embankment, no betterment contribution shall be leviable in respect of the irrigational facilities it may incidentally provide to any land which has been benefited by the flood protection work.
