A regulation for authorizing Collectors to refer
claims regarding lands or crops, the validity of which claims may depend on the
determination of a disputed boundary[1]; as also
certain disputes respecting the occupying, cultivating, and irrigating of land,
to be tried and determined by Village and District Panchayats; and for
prescribing the Rules under which the trial of such disputes shall be
conducted, and the decisions of the Panchayats carried into execution. [2]The mode of determining the validity of claims to disputed lands or
crops prescribed in section 2, Regulation XXXII, 1802, [3]being
considered to be inconvenient to the parties, and the determining, in the
Adalat of the Zila of suits respecting the occupying, cultivating and
irrigation of land, which may arise between proprietors or renters and their
raiyats, in those districts where the land-revenue is fixed either permanently,
or for a term of years, being also regarded as liable to the same objections;
and it being deemed expedient that further provision should be made for the
investigation and determination of such claims, and that Collectors should for
that purpose be authorised to refer them for trial and decision to Village and
district Panchayats; the [Governor in Council] has passed the following
rules, to be in force in the territories subject to the Presidency of Fort St.
George. Village and district Panchayats are hereby
authorised to hear and determine such suits as may be referred to them by the
Collectors of Zilas under this Regulation, through the Village and District
Munsiffs. Plaintiffs and defendants shall allowed to employ,
a relative, a servant or dependant to act in their behalf in suits which may be
brought before the Collectors of zilas under this Regulation, under the same
provisions as are prescribed * * *[4] for
suits before the District Munsifs. First.- In cases of claims to lands or crops in districts
permanently settled or otherwise, the validity of which claims may depend on
the determination of an uncertain and disputed boundary or landmark, and also
in cases of disputes respecting the occupying, cultivating, and irrigating of
land which may arise between the proprietors or renters and their raiyats, in
those districts only where the land-revenue is fixed, either permanently or for
a term of years, persons having such claims may prefer them in person or by
vakil to the Collector of the zila in which the lands may be situated. What the plaint is to contain if for land. Second.- The plaint, if for land, shall contain as accurate
a description as can be obtained of the land claimed, its position, boundaries,
extent and the value of its estimated annual produce, also whether it be
subject to the payment of rent or revenue, or whether it be exempt from any
charge on these accounts, also the time when the cause of action arose, the
name and residence of the person or persons complained against, and all
material circumstances which may elucidate the transaction. What the plaint is to contain if for water, Third.- If the plaint be for water, it shall, with regard
to the land to be watered, state the above particulars and in addition thereto
the custom of the village relative to the irrigation of the land in question. Summons to defendant to be issued. Contents of
summons. How to be attested and served. First.- The Collector, on receiving a complaint preferred
under the preceding section, shall issue a summons to the defendant containing
a short abstract of the complaint, and shall require the defendant to appear at
the kachari of the Collector, in person or by vakil, on a day specified, to
make answer to the complaint. The summons shall be attested by the seal of the
Collector and his official signature, or that of his Assistant, and shall be
served by a single peon of the Collector's establishment. Second.- Peon how to proceed. Refusal to acknowledge
summons; how to be attested.- The Collector's peon shall require the defendant
to affix his signature to the summons in acknowledgement of its having been
duly served; and, in the event of defendant refusing to affix his signature
thereto, the peon shall call upon some of the village-officers or neighbours of
the defendant to witness such refusal and to attest the endorsement of it which
he shall make on the summons, and shall return the same to the Collector on or
before the day fixed for such return. Third.- How Collector to proceed if defendant is not to be
found, or refuse to acknowledge summons. Notice to be affixed.- If a defendant
against whom a summons may issue shall abscond or is not after diligent search
to be found, or shall shut himself up in his own or in any house or building,
or retire to any place, so that the process cannot be served upon him and the
peon shall return that on such account he has not been able to serve or execute
the process, or if he shall refuse to acknowledge the service of the summons,
on return being made in the mode prescribed in the preceding clause, the
Collector shall cause a writing in the language of the district to be stuck up
in some conspicuous part of his kachari, containing a copy of the summons and a
notice that if the party shall not appear on a day to be specified (which shall
not be less than fifteen days from the time that the notice may be fixed up),
the Collector will proceed without further notice to refer the cause, with the
consent of the plaintiff, to be tried and determined by a Panchayat of the
district in which the disputed lands may be situated, without the appearance or
answer of the defendant. The Collector shall likewise order a copy of the
summons and notice to be fixed up, with all practicable despatch, on the outer
door of the house in which the defendant may have usually dwelt, or in some
conspicuous place in the village or other place in which he may have generally
resided. The peon serving the summons shall return the order, with an
endorsement stating at what times and places the summons may have been fixed
up. Fourth.- Collector how to proceed if defendant appear.
Defendant liable to fine for contempt. Collector how to proceed if such fine be
not paid or security given. If the defendant shall appear by the time limited
in the notice, the Collector shall proceed to investigate the cause of his
absence, or the circumstance of his refusal to sign the summons, and, if it
shall appear to the satisfaction of the Collector that the conduct of the
defendant has been contemptuous, he is empowered to punish such contempt by
imposing a fine on the defendant, according to the circumstances of the case,
not exceeding ten rupees; and if such fine be not immediately paid, or security
given for the payment within a reasonable time, the Collector shall punish such
defendant by committing him to the zila jail, or by keeping him in custody in
the kachari or village-choultry for a period not in any case exceeding fifteen
days, or until the fine shall be paid. Fifth.- Plaint to be read to defendant in presence of
plaintiff.- On the appearance of the defendant, if he shall appear according to
the first summons, or by the time limited in the notice, the Collector shall
cause the plaint to be read over to the defendant in the presence of the
plaintiff, and shall demand whether he admit or deny the truth of the
complaint. If the defendant shall acquiesce in the truth of the complaint, the
Collector shall record such acquiescence at the foot of the plaint and require
the defendant to attest the same with his signature in the presence of
witnesses, not being servants of the Collector's establishment, who shall also
attest the same, and the document shall be countersigned by the Collector, who
shall return the document to the complainant, together with an order to the
Tahsildar or [5][Deputy
Tahsildar] or Village Munsiff, to transfer the lands described in the plaint to
the plaintiff; or, if the plaint include crops grown on such lands, to cause
the crops, or the value of them to be restored to the plaintiff by the
defendant; or, if the plaint be for water to order the water to be distributed
as required in the plaint; and no other proceedings shall be necessary in the
cause. Sixth.- Procedure when defendant denies truth of plaint. If
the defendant shall deny the truth of the plaint, the Collector shall inquire
of the parties whether they mutually consent to have the cause investigated and
decided by a Village Panchayat; and upon their agreeing in writing to have the
matter investigated and decided by the Panchayat of any particular village, the
Collector shall immediately forward the petition of plaint with an order to the
Munsif of that village to assemble a Panchayat without delay to investigate and
determine the suit. Seventh.- When matter may be referred to District Panchayat.
If either the plaintiff or defendant shall object to the reference of the cause
to be tried and determined by a Village Panchayat, and either of them shall desire
in writing that it may be referred to be tried and decided by a District
Panchayat, the Collector, whether the other party agree to such reference or
not, shall forward the plaint to the Munsif of the district in which the
disputed property may be situated, with an order to assemble a Panchayat,
within fifteen days from the receipt of such order, to investigate and
determine the suit. Eighth.- If neither party agree to reference, suit to be
dismissed. If neither of the parties shall agree to the reference
of the suit to a District panchayat, the suit shall be dismissed, and the
parties shall be at liberty to seek redress from the Zila Court or any
competent jurisdiction. First.- The Panchayats shall be assembled according to the
rules prescribed for assembling Village and District panchayats, and their
proceedings in cases referred under this Regulation shall be conducted
according to the general rules enacted in Regulations V[6] and
VII[7], 1816, for
their guidance, with the following qualifications. Second.- When panchayat to be formed on challenge of one
party. When only one of the parties shall appear before the District Munsif,
the Panchayat shall be formed upon the challenge of such party only, and shall
proceed to try the suit. [8][xxxx] Third.- Sending copies of decree to Collector. When the
decree has been framed and two copies of it prepared, it shall be read in the
presence of the parties, and the two copies shall be sealed up in a packet and
delivered to the Munsif, who shall forward it to the Collector sealed as he
received it. Fourth.- Decrees to be confirmed before execution. When to
be set aside. Decrees of the Village and District Panchayats in
suits which may be referred to them by the Collectors under this Regulation
shall not be carried into execution until confirmed by the Collector, nor shall
they be set aside for any other cause than gross partiality on the part of the
Panchayat, The Collector shall detain the packet in the state
in which he received it for twenty days; and, if in that time no charge of
gross partiality shall be preferred by either party against the Panchayat, he
shall open the packet and confirm the decision by affixing his seal and
signature to each of the two copies, and he shall return them to the Munsif
from whom he received them. First.- The Munsif, on receiving the copies of the decree
confirmed by the Collector, shall summon the parties and deliver to each of
them a copy of the decree. Second.- Non-appearance, or refusal, to receive copy, to be endorsed.- If either the plaintiff or defendant shall fail to
appear in person or by vakil to receive a copy of the decree, or, having
attended, shall refuse to receive a copy, the Munsif shall cause to be endorsed
on the copy intended for such party such omission or refusal, and the date. The
Munsif shall attest the same with his signature, which shall be witnessed by
any two credible witnesses. The copy so endorsed shall be deposited in the
records of the district Munsif, or the village Karnam, as the case may be, to
be delivered to the party afterwards claiming it. First.- If either of the parties shall, within the
prescribed period of twenty days, charge the Panchayat with gross partiality,
and if the partiality charged against the Panchayat shall be established to the
satisfaction of the Collector [9][xxx] he
shall in every case whatever the amount or value of the suit may be, submit his
proceedings, with his opinion on the case, to the [10][xxx]
Court of Appeal, who, provided the charge be proved by such proceedings to
their satisfaction, shall annul the decision, and the parties shall be at
liberty to have recourse to another Panchayat or to any other competent
jurisdiction. Second.- When decision of Panchayat final. Provided,
however, that the decision of a second Panchayat shall agree with the decision
of a former Panchayat in the same suit, it shall be final. Third.- Collector how to proceed on partiality not being
proved; may levy a fine. If the partiality charged against the panchayat shall
not be proved to the satisfaction of the Collector, he shall confirm the decree
as prescribed in section 7 of this Regulation, and shall levy a fine from the
party making such groundless charge, not exceeding one hundred [11][xxx]
rupees. Decrees of Village and District Panchayats, in
cases referred to them under this Regulation, shall be carried into execution,
on the written application of the party in whose favour the decree may be given, by the Collector, or by the Tahsildar or [12][Deputy
Tahsildar], by causing the boundary, when the suit relates to a disputed
boundary, to be marked out in the presence of the Village Munsif and Karnam and
two or more of the principal inhabitants, and in all other cases by causing the
land to be given up or the water to be distributed as prescribed by the decree. Suits instituted before the Collectors under this
Regulation shall be [13][xxx]
liable only to such charges as are specified in Regulation V, 1816, [14]if
decided by a Village Panchayat**[15] [Returns of decisions of Panchayats.] Rep.,. Mad.
Act II of 1869. a copy of this Regulation shall be lodged with and
preserved by each Village Karnam, for the information of the Village Munsife. [1] The Regulation
has been repealed by the Madras Survey and Boundaries Act, 1897 (Mad. Act IV of
1897), [2] The Regulation
has been repealed by the Madras Survey and Boundaries Act, 1897 (Mad. Act IV of
1897), [3] Rep. Mad. Reg. V
of 1822, s. 10. [4] Certain obsolete
words have been repealed by Central Act XII of 1876. [5] These words were
substituted for "principal Native Revenue-officer of the district" by
the Adaptation Order of 1950. [6] Repealed by
Madras Act II of 1920. [7] Mad. Reg. VII of
1816 has been repealed by Central Act III of 1873. [8] Certain obsolete
words have been repealed by Act Central XII of 1876. [9] Certain obsolete
words have been repealed by Act Central XII of 1876. [10] Certain obsolete
words have been repealed by Act Central XII of 1876. [11] Certain obsolete
words have been repealed by Act Central XII of 1876. [12] These words were
substituted for "principal Native Revenue-officer of the district" by
the Adaptation Order of 1950. [13] Certain obsolete
words have been repealed by Act Central XII of 1876. [14] Repealed by
Madras Act II of 1920. [15] Certain obsolete
words have been repealed by Act Central XII of 1876.THE MADRAS VILLAGE-LANDS DISPUTES
REGULATION, 1816
PREAMBLE