Section 5 in The Rajasthan Lands Special Irrigation Charges Rules, 1954
5. Procedure for working out betterment charges.
(1)The entire area included in an irrigation scheme shall be divided by a duly constituted Board into blocks or assessment circles, so as to have more or less uniform physical characteristics of soil in each circle as per classification in the last settlement, duly amended by lates Jamabandi for the area under consideration.(2)The Board shall work out for each class of land in an assessment circle, an estimates of net assets in cash for a date prior to the commencement of the scheme notified by the Government under Sub-section (7) of section 5.(3)The share of the landholder in the net assets will be taken as 1/3rd of the total net assets for purposes of evaluating the cost land.(4)Similarly the Board shall estimate the share of the net assets of landholder for the classes of land mentioned in Sub- section (2) on a subsequent date as published in the Rajasthan Gazette under Subsection (7) of section 5 of the Act when these classes of land are changed to nehri as a result of the irrigation scheme.(5)The value land of a landholder or an occupancy tenant will be taken as 30 times the value of his share of the net assets.(6)The difference in value of each class of land in an assessment Circle on dates prior to and subsequent to the introduction of the scheme, taking the share of a landholder or an occupancy tenant at one third of the divisible produce, will be considered as enhancement in the value of such land resulting from introduction improvement in irrigation facilities.(7)The rate of betterment charges will be as fixed by the Government but shall not exceed half of the enhancement in the value land as determined under sub-rule (5) and (6).(8)The Betterment Charges will be calculated with reference to classes of lands recorded in the last settlement or jamabandi or the latest revenue record available and also with reference to different types of irrigation facilities provided that any particular types of land.(9)In cases where canal irrigation facilities are made available to Chahi areas and where actual value of such lands is not likely to increase, the calculation of betterment charges will take into the reduction in the cost of the working of wells and their maintenance.(10)[ In cases where reliable date of Post and Pre-Projects periods is not available, or where the working out of the net assets causes any complication the betterment charges will be worked out on the basis of one sixth share of the gross produce, as indicated by the average rates of the wet and dry soils of the commanded area. In this case also the rate of betterment charges shall not exceed fifteen times the difference between the wet and dry rates for the dry area will be worked out on the formula:-(X-Y) x 15 x Z.Where :- X - represents the average of the wet rent rates of the culturable commanded area of the Projects.Y - represents the average of the dry rent rates of the culturable commanded area 9both cultivated and uncultivated under the Project.Z - represents the intensity of the Project.(11)In cases where canal irrigation facilities have been given to chahi areas and the betterment charges have to be levied chiefly on account of the saving in the cost of the working the wells, and their maintenance the multiple '15' in the formula referred to in rule (10) above will be replaced by multiple '5' only and betterment charges worked out accordingly.(12)In cases where new canal irrigation facilities have been made available to the area which is already Nehri or Talabi of some other old tanks, the Board will decide the matter on individual merits after examining the extent of benefit, if any, that may have actually accrued to such areas.(13)In making assessments under sub-rules (10) and (11) of Rule 5 the Board will have the power to round off minor differences, if any, in the various areas to bring about uniformity and equity in the assessment of the areas of more or less similar nature.] [Added by Dated 4-8-1959, Published in Rajpatra part IV(ga), dated 10-9-1959]
