46. Amount of betterment contribution.

  1. An officer authorised by the Government in that behalf may, after previous publication of the proposals in the Gazette or in such other manner as may be prescribed, divide the lands benefited by any major irrigation work into suitable classes and estimate the annual increase in the gross produce of each class of such land: 
    Provided that all lands which are of the same class and which, judged by their commandability, are so situated as to derive the same amount of benefit from the work shall be placed in the same classes.
  2. The annual increase in the gross produce shall be estimated with reference to the average of the prices prevailing during the five years immediately preceding the date of making such estimate.
  3. Twenty times the annual increase in the gross produce estimated under sub-section (1) shall be deemed lo be the increase in the capital value of each class of land, and one fourth of the sum by which the said increase in the capital value exceeds the cost estimated in the manner prescribed for making such class of land fit for advantageous irrigation under the major irrigation work shall be the betterment contribution payable in respect of that class of land.
    Explanation:—The cost of making each class of land fit for advantageous irrigation shall include the cost of converting dry land into wet land.
  4. The Government may, by order published in the Gazette, specify the rate of betterment contribution payable per hectare in respect of each class of land determined under sub-section (3).
  5. The Government may, on their own motion or on application by an owner of land aggrieved by an order under sub-section (4), revise the rate of betterment contribution in respect of any land specified in the said order:

Provided that no order increasing the rate of betterment contribution shall be made without giving the person affected thereby an opportunity of being heard.