ALLUVION AND DILUVION ACT, 1847 THE (BENGAL) ALLUVION AND DILUVION ACT, 1847 An Act regarding the assessment of lands
gained from the sea or from rivers by alluvion or dereliction within the
Provinces of Bengal, Bihar and Orissa It is
hereby enacted that such parts of the Regulations of the Bengal Code as
establish tribunals and prescribe rules of procedure for investigations
regarding the liability to assessment of lands gained from the sea or from
rivers by alluvion or dereliction, or regarding the right of Government to the
ownership thereof, shall, from the date of the passing of this Act, cease to
have effect within the Provinces of Bengal, Bihar and Orissa and that no
measures shall hereafter be taken for assessment of such lands, or for the
assertion of the right of Government to the ownership thereof except under the
provisions of the Act. The
expression "Province of Orissa" in this Act, shall be taken to mean
only so much of the Province of Orissa as was on the 8th May, 1847 subject to
the Government of Bengal. Within
the said provinces it shall be lawful for the Provincial Government in all
districts or parts of districts of which a revenue-survey may have been or may
hereafter be completed and approved by Government, to direct, from time to
time, whenever ten years from the approval of any such survey shall have
expired, a new survey of lands on the banks of rivers and on the shores of the
sea, in order to ascertain the changes that may have taken place since the date
of the last previous survey, and to cause new maps to be made according to such
new survey. The
approval of the revenue survey of districts or parts of districts which may be
hereafter surveyed shall be deemed to have taken place on such day as may be
specified as the day of such approval in the Official Gazette. Whenever
on inspection of any such new map it shall appear to the local Revenue authorities
that land has been washed away from or lost to any estate paying revenue
directly to Government, they shall without loss of time make a deduction from
the sadar jama of the said estate equal to so much of the whole sadar jama of
the estate as bears to the whole in the same proportion as the mufassal jama of
the land lost bears to the mufassal jama of the whole estate; but, if the
mufassal jama of the whole estate or of the land lost cannot be ascertained to
the satisfaction of the local Revenue authorities, then the said local Revenue
authorities shall make a deduction from the sadar jama of the estate equal to
so much of the whole sadar jama of the estate as bears to the whole in the same
proportion as the land lost bears to the whole estate. And this deduction with
the reasons thereof, shall be forthwith reported by the local
Revenue-authorities for the information and orders of the Board of Revenue
whose orders thereupon shall be final. Whenever
on inspection of any such new map it shall appear to the local Revenue
authorities that land has been added to any estate paying revenue directly to
Government, they shall without delay assess the same with a revenue payable to
Government according to the rules in force for assessing alluvial increments,
and shall report their proceedings forthwith to the Board of Revenue, whose
orders thereupon shall be final. [* *
*] [* *
*] No
suit or action in any Court of Justice shall lie against the Crown or any of
its officers on account of anything done in good faith in the exercise of the
powers conferred by this Act. Notes Legislative
changes-Short title. This short title was given by the
Amending Act, 1903 (1 of 1903). Local
extent - Extended to whole of the former Province of
Bengal except as regards the Scheduled districts [vide Act XV of 1874]. Application
- Application barred to the Angul District and
Khandmal District by Angul Laws Regulation, 1936 and Khandmal Laws Regulation,
1936.. Section
3 was repealed for the areas where the Orissa Tenancy Act, 1913 is in force.
Preamble - THE (BENGAL) ALLUVION AND DILUVION
ACT, 1847PREAMBLE