(3)Notwithstanding anything contained in sub-section (1) it shall be lawful for the tenant of any land, the protective bunds of which are neglected, to construct, maintain or repair such bunds at his cost and costs so incurred by him shall on application made by him to the Tahsildar be recoverable by him from the landholder according to his liability under any agreement, usage or custom. The costs of the proceedings on the tenant's application shall also be recoverable from the landholder in case the landholder is held wholly or partially liable to pay the costs incurred by the tenant for the construction, maintenance or repair of the bunds.[26A. Betterment Contribution:. - If at any time on a land held by a tenant any amount is levied or imposed by the Government as betterment contribution under the provisions of the Hyderabad Irrigation (Betterment Contribution and Inclusion Fees) Act, 1952 the tenant and the landholder thereof shall be liable to pay such amount to the Government in such proportion as the Government may, by general or special order determine under the Act as though both were owners for the purposes thereof:Provided that the general or special orders so made shall be laid before the Assembly.] [Inserted by Act 3 of 1954.]
