The Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959

{
    "id": 15822,
    "slug": "the-bihar-irrigation-and-flood-protection-betterment-contribution-act-1959",
    "title": "The Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959",
    "short_title": "The Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959",
    "act_number": "(Bihar Act 28 of 1959)",
    "act_year": 1959,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) 'betterment contribution' means the contribution leviable and realisable under Section 3 of this Act;\n(b) 'Collector' means the Collector or the Deputy Commissioner of a district and includes such other officer not below the rank of a Deputy Collector as the State Government may appoint to perform all or any of the functions of the Collector under this Act;\n(c) 'flood protection work' includes embankments, groynes, spurs, dams, barrages, sluices and all other work, for the protection of lands or buildings from floods or erosion, constructed, improved or maintained by the State Government;\n(d) 'irrigation work' means any work of irrigation or any system of such work, natural or artificial, constructed, improved or maintained by the State Government and includes, -\n(i) all canals, channels, tanks, reservoirs, ponds, spring-ponds, lakes and other natural collection of water, or parts thereof, all embankments, barrages, weirs, dams, guide banks, and all other works which are constructed, improved or maintained by the State Government for the purposes of irrigation; and\n(ii) all lands used for the purposes of the works referred to in sub-clause (i) and all buildings, machinery, fences, gates and other erections connected therewith on such lands;\n(e) 'land' includes interest in lands, benefits arising out of lands and things attached to the earth or permanently fastened to anything attached to the earth;\n(f) 'owner' in relation to any land includes any person having an interest in such land; and\n(g) 'prescribed' means prescribed by Rules under this Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Power of State Government to levy betterment contribution.",
            "chapter": null,
            "content": "(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;\n(b) in respect of an irrigation work or part of such work -\n(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\n(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\n(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.\nExplanation 1.\nExplanation 2.\nExplanation 3.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Specification of lands benefited and rates of betterment contribution.",
            "chapter": null,
            "content": "Rate of levy.\nRs.\n(a)\nin case of an irrigation work, not being a storage dam or\n\t\t\t\treservoir, where the flow of water is not perennial;\n75 per acre.\n(b)\nin case of an irrigation work, not being a storage dam or\n\t\t\t\treservoir, where the flow of water is perennial;\n105 per acre.\n(c)\nin case of a storage dam or reservoir;\n120 per acre.\n(d)\nin case of a flood protection work, where the land benefited\n\t\t\t\tis not situated within an urban area; and\n50 per acre.\n(e)\nin case of a flood protection work, where the land or building\n\t\t\t\tbenefited is situated within an urban area;\nRs. 200 per acre or 25 per cent of its annual value as entered\n\t\t\t\tin the valuation list prepared under Section 101 of the Bihar and\n\t\t\t\tOrissa Municipal Act, 1922 (B. & O. Act VII of 1922) or under\n\t\t\t\tSection 133 of the Patna Municipal Corporation Act, 1951 (Bihar\n\t\t\t\tAct XIII of 1952), as the case may be, whichever is less:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Issue of demand notice.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Objections to demand.",
            "chapter": null,
            "content": "(i) that his land has not been benefited by the irrigation work or flood protection work;\n(ii) that he is not an owner in respect of the land or building;\n(iii) that he is a privileged person within the meaning of clause (i) of Section 2 of the Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar Act IV of 1948);\n(iv) that he is not liable to pay the full amount of betterment contribution accessed to him;\n(v) that the amount of betterment contribution in respect of the land should be apportioned among the different owners of the same; or\n(vi) that the area noted in the demand notice is not correctly recorded.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Appeals.",
            "chapter": null,
            "content": "(i) if the order has been passed by the Collector of the district, or the Deputy Commissioner, to the Commissioner; and\n(ii) if the order has been passed by any other officer, to the Collector of the district or the Deputy Commissioner, as the case may be:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Revision.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Finality of orders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Costs in appeal or revision.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Liability of owner to pay the betterment contribution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Remission or suspension of the recovery of betterment contribution in certain circumstances.",
            "chapter": null,
            "content": "(i) that the crops on any land lying within the area assessed to betterment contribution are seriously damaged on account of the failure of the irrigation work or the flood protection work, drought, flood, tempest, hailstorm or any other irresistible force, or\n(ii) that the land being water-logged or due to some other causes has become unculturable, or\n(iii) that the land has for some reason or the other ceased to receive irrigation from the irrigation work or to be benefited from the flood protection work, or\n(iv) that the agricultural industry has received a set-back on account of serious fall in the price of agricultural produce, the State Government may, subject to such conditions as it may think fit, suspend the recovery of, remit or refund in full, or in part, the betterment contribution or any instalments thereof in respect of such land.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Betterment contribution may be paid in instalments.",
            "chapter": null,
            "content": "(ii) If on any day after twelve months from the date of service of the notice under Section 5 and within two years of such service, the owner pays the entire amount outstanding against him on account of betterment contribution, a rebate at the rate of fifteen per centum shall be allowed on such amount.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Deduction from betterment contribution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Power of Civil Court, to Collector and certain other authorities for certain purposes and proceeding to be judicial proceeding.",
            "chapter": null,
            "content": "(a) enforcing the attendance of any person and examining him on oath or affirmation, and\n(b) compelling the production of documents.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Power to enter on land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Power to compel production of documents, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Betterment contribution recoverable as public demand.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Betterment contribution to be ear-marked.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Indemnity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Bar to suits or proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Savings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Power to make Rules.",
            "chapter": null,
            "content": "(a) the manner in which petition under Section 6 or an appeal under Section 7 or a revision under Section 8 shall be preferred and heard;\n(b) the manner in which notice of demand under Section 5 shall be prepared and served and the demand realised;\n(c) the grant of suspension, abatement or remission of betterment contribution;\n(d) the circumstances and the manner in which refund, if any, of the betterment contribution shall be allowed;\n(e) the manner in which betterment contribution shall be apportioned among different owners; and\n(f) any other matter which is required to be or which may be prescribed under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Removal of difficulty.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        }
    ],
    "metadata": {
        "Act ID": "bh367",
        "Act Number": "(Bihar Act 28 of 1959)",
        "Enactment Date": "",
        "Act Year": "1959",
        "Short Title": "The Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}