The Bihar Irrigation and Flood Protection, (Betterment Contribution) Rules, 1961

{
    "id": 15823,
    "slug": "the-bihar-irrigation-and-flood-protection-betterment-contribution-rules-1961",
    "title": "The Bihar Irrigation and Flood Protection, (Betterment Contribution) Rules, 1961",
    "short_title": "The Bihar Irrigation and Flood Protection, (Betterment Contribution) Rules, 1961",
    "act_number": "Published vide Notification No. E/A6 (2)/61-1-1093",
    "act_year": 1961,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar Irrigation and Flood Protection, (Betterment Contribution) Rules, 1961",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Act\" means the Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959 (Bihar Act XXVIII of 1959);\n(b) \"Form\" means a form appended to these Rules;\n(c) \"Section\" means a Section of the Act.\n(ii) Any word or expression used in these Rules but not defined herein shall have the meaning assigned to it in the Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 0
        },
        {
            "number": "3",
            "title": "3. Notification under Section 3 of the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "4",
            "title": "4. Notification regarding specifications of the land benefited.",
            "chapter": null,
            "content": "(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;\n(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.\nExplanation.\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "5",
            "title": "5. Preparation of assessment list.",
            "chapter": null,
            "content": "Explanation.\n(i) No betterment contribution is leviable on Government or on Gairmazrua Malik or Gairmazrua Am land, which has been vested in the Government, except in respect of a tenancy which has been created or recognized on such land in which case the raiyat in cultivating possession or the under- raiyat as well as the raiyat , if there be an under- raiyat , shall be liable to pay in proportion to their right to share the produce as laid down by law;\n(ii) betterment contribution is leviable in Parti Kadim and Parti Jadid lands owned by raiyats .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "6",
            "title": "6. Issue of demand notices.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "7",
            "title": "7. Mode of service of notices of demand.",
            "chapter": null,
            "content": "(a) by delivering or tendering a copy of the notice to the assessee personally or to his agent if he (the agent) is empowered to accept service of the notice on his behalf or, to any adult male member of his (the assessee's) family residing with him, if he himself cannot be found and has no agent empowered to accept service of the notice on his behalf;\n(b) by causing the said notice to be affixed to some conspicuous part of the land or building to which the notice relates if the assessee, or his agent or such other person aforesaid, refused to sign the acknowledgement of service or where the serving officer, after using all due and reasonable diligence cannot find the assessee, and there is no agent empowered to accept service of the notice on his behalf, nor any other person on whom service can be made;\n(c) by delivering the said notice at some post office under registered cover addressed to the assessee; or\n(d) by any one or more of these methods.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "6",
            "title": "8. Objections under Section 6 of the Act.",
            "chapter": null,
            "content": "(ii) In apportioning betterment contribution between an under- raiyat paying for the land held by him rent in kind and a kayimi raiyat the same ratio shall be adopted as is adopted in dividing the produce, i.e., the under- raiyat shall be made to pay 13/ 20th of the contribution and the kayimi raiyat 7/20th of it.\n(iii) In case where the interest in the land or part thereof is transferred on or before the service of the notice of demand under Section 5, the betterment contribution in respect of the land or part of land shall be realisable from the person or persons in possession thereof.\n(iv) Whenever the interest in the land or a part thereof is transferred subsequent to the payment of the first instalment and before the payment of the last instalment of the betterment contribution, the outstanding instalment or instalments shall be recoverable from the assessee.\n(v) The orders passed by the Collector shall be recorded in the register mentioned in sub-rule (2) and if necessary, an amendment made in the assessment list in accordance with the result of the objection.\n(vi) All notices and processes issued in connection with the hearing of objections shall be served in the manner prescribed for the service of the notice of demand under Rule 7.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "7",
            "title": "9. Appeals under Section 7 of the Act.",
            "chapter": null,
            "content": "10.\n(b) Every application by the owner under sub-rule (a) shall be accompanied by a fee of ten rupees.\n11.\n12.\nNote. - A note of the refund shall be kept in the records in such a way that any payment preferred on a second claim on the same account becomes impossible.\nNote.\n(ii) Where the sum due to the assessee is not refunded to him within the period prescribed in sub-rule (i) without valid and reasonable cause interest at the rate of four and half per centum per annum shall become payable on such sum from the date of the expiry of the said period of ninety days .\n13.\n(ii) When the crops are seriously damaged on account of drought, flood, tempest, hailstorm or any other irresistible force or when the agricultural industry has received a set-back on account of serious fall in the price of agricultural produce, the enquiry shall be made by an officer not below the rank of a Sub-Deputy Collector.\n(iii) When the land being water-logged or due to some other cause has become unculturable the enquiry shall be made by an officer of the Agriculture Department not below the rank of a Sub-divisional Agriculture Officer.\n(iv) When the crops are seriously damaged on account of the failure of the irrigation work or of the flood-protection work or 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, the enquiry shall be made by an officer of the Irrigation Department not below the rank of an Assistant Engineer.\n(v) On receipt of the Enquiring Officer's report and after such test thereof as may be considered necessary, the Collector shall, if he is satisfied that any condition justifying the suspension or remission of betterment contribution does exist, submit his proposal for suspension or remission of the whole or part of the betterment contribution to the State Government through the Commissioner, for orders.\n(vi) Remission shall not ordinarily be granted unless the land has become permanently unculturable or it has permanently ceased to receive irrigation from the irrigation work or to be benefited from the flood-protection work.\n(vii) In all cases of suspension under these Rules subsequent collection of the suspended instalment shall be made without interest.\n(viii) When the betterment contribution or any part thereof is remitted under any of the conditions prescribed in the Act, an assessee who has paid the betterment contribution in a lump sum shall be entitled to the refund of the whole of it, if the whole has been remitted or to such part thereof as has been remitted in the manner indicated in Rule 12(i) and (ii).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "14",
            "title": "14. Mode of payment of betterment contribution-Payment of instalments.",
            "chapter": null,
            "content": "(ii) Date of payment of first instalment. - (1) The date of payment of the first instalment if a petition objecting to the levy has not been filed under Section 6, shall in no case be later than sixty days from the date of the service of the demand notice under Section 5.\nDate of payment of first instalment.\n(2) The date of payment of the first instalment if a petition objecting to the levy has been filed under Section 6 shall in no case be later than sixty days from the date of the order passed under that Section.\n(iii) Dates of payment of subsequent instalments. - The dates of payment of subsequent instalments shall in all cases be fixed by the Collector with due regard to the dates of harvest of the principal crops and there shall be an interval of one full year between the payment of one instalment and the next.\nDates of payment of subsequent instalments.\n(iv) Date of payment of last instalment. - The date of payment of the last instalment shall not be later than fifteen years from the date on which the first instalment fell due.\nDate of payment of last instalment.\n(v) Interest on instalments. - The interest due on each date of payment of the instalment shall be calculated on the amount of the principal outstanding.\nInterest on instalments.\n(vi) Where an instalment of the principal is not paid on the date on which it falls due a further demand of interest calculated at the rate prescribed under sub-rule (i) shall be made for the whole of the period during which the instalment is not paid.\n(vii) When an instalment is not paid within one year from the date on which it fell due, it will be open to the Collector to proceed to realise it in accordance with the provisions of the Bihar and Orissa Public Demands Recovery Act, 1914 as a public demand.\n(viii) Payment of instalments in advance - It shall be permissible for assessees to pay their instalments in advance of the dates fixed for payment.\nForm A\nForm A\n(See Rule 3)\nNotification under Section 3 of the Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959.\nNotification under Section 3 of the Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959.\n(Here specify the work)\nBy order of the Governor of Bihar, Secretary to Government.\nForm B\nForm B\n(See Rule 4)\nNotification under Section 4 of the Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959\nNotification under Section 4 of the Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959\nThe .................... 19.\n(Here specify the work)\nSchedule\n1.\nSituation of the land. -\nDistrict\nSub-division\nAnchal\nVillage\n2.\nParticulars of the land -\nSl. no.\nSurvey Plot no.\nClassification, if any.\nBy order of the Governor of Bihar. Secretary to Government.\nForm C\nForm C\nAssessment List\nAssessment List\n(See Rule 5)\nSerial No.\nSurvey Plot No.\nKhata No.\nClassification of the land if any.\nName of the owner with father's name and\n\t\t\t\tresidence.\nStatus of the owner.\nArea\nArea D. B. K. Dh.\n5\nBetterment contribution payable on demand.\nBetterment contribution payable on the disposal\n\t\t\t\tof objection under Section 6\nBetterment contribution payable on the disposal\n\t\t\t\tof appeal under Section 7\nBetterment contribution payable on revision under\n\t\t\t\t Section 2.\nRemarks\nRs. nP.\nRs. nP.\nRs. nP.\nRs. nP.\nForm D\nForm D\nDemand Notice under Section 5 of the Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959.\nDemand Notice under Section 5 of the Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959.\nSchedule\n1.\nSituation of land. -\nDistrict\nSub-divisions\nAnchal\nVillage with Thana no. ….........\n2.\nParticulars of the land -\nSI. no.\nSurvey Plot no.\nKhata no.\nArea in acres/Classification. Bigha       Khata\nCollector\nNotes. - (1) Cut out the words which do not apply.\nNotes.\n(2) In the space indicated by the asterik* specify the work and the date of its completion together with the date of the issue of the Bihar Gazette in which it was notified as required by the Explanation 2 to Section 3 of the Act.\n(3) A rebate of 20 per cent, will be allowed on the said amount if it is paid in full within 12 months from the date of the service of this notice and of 15 per cent if paid in full on any day after 12 months from the date of the service of this notice and within 2 years of such service.\n(4) The amount of the betterment contribution may be paid, if so desired, in fifteen equal annual instalments along with interest at 4½ per cent, on the principal amount outstanding subject to the terms and conditions prescribed in Rule 12 of the Bihar Irrigation and Flood Protection (Betterment Contribution) Rules, 1961. The first instalment must be paid within sixty days of the receipt of this notice and the subsequent instalments on or before the dates which may be fixed by the undersigned in this behalf.\n(5) The amount of the betterment contribution or an instalment thereof is payable to the Treasury Officer/Sub-Treasury Officer/State Bank of India at ................... by challan. The challan shall be prepared in quardruplicate. The original copy of the challan shall be sent to the Collector, the duplicate copy shall be retained by the Treasury and the triplicate and quardruplicate copies shall be returned to you as proof of payment.\n(6) The amount of the contribution or an instalment thereof shall not be paid to any (departmental) other officer as he has no authority to receive the same.\nForm E\nForm E\n(See Rule 8)\nObjection petition under Section 6 of the Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959\nObjection petition under Section 6 of the Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "1",
            "title": "1. Name, father's name and residence of the objector.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "2",
            "title": "2. Specifications of the land (survey plot no., khata no. etc.,) in respect of which he as \"owner\" has been assessed to betterment contribution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "5",
            "title": "3. Date of receipt of notice under Section 5 of the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "4",
            "title": "4. Date of filing of objection petition.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "5",
            "title": "5. Ground of objection",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        }
    ],
    "metadata": {
        "Act ID": "bh371",
        "Act Number": "Published vide Notification No. E/A6 (2)/61-1-10937 dated 18th May, 1962",
        "Enactment Date": "",
        "Act Year": "1961",
        "Short Title": "The Bihar Irrigation and Flood Protection, (Betterment Contribution) Rules, 1961",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}