SONTHAL PARGANAS SETTLEMENT REGULATION,
1904
[Regulation No. 2 OF 1904][[1]]
[24th August, 1904]
PREAMBLE
A Regulation to provide for the apportionment and
recovery of expenses incurred by the Government in certain settlement
proceedings taken under section 9 of the Sonthal Parganas Settlement
Regulation.
Whereas under section 9 [[2]]
of the Sonthal Parganas Settlement Regulation, [[3]][State
Government] may declare that a settlement shall be made of the whole or any
part of the Sonthal Parganas for the purpose of ascertaining and recording the
various interests and rights in the land to be so brought under settlement, but
no provision has been made for the recovery of expenses incurred by the
Government in respect of such settlement; It is hereby enacted as follows :--
Regulation - 1. Short title and construction.--
(1)
This Regulation may be called the Sonthal
Parganas Settlement Regulation, 1904; and
(2)
It shall be read with, and taken as part of,
the Sonthal Parganas Settlement Regulation.
Regulation - 2. Apportionment of expenses.--
When, under section 9[[4]]
of the Sonthal Parganas Settlement, Regulation, the [[5]]
[State] Government declares that a settlement shall be made of the whole or any
part of the Sonthal Parganas for the purpose of ascertaining and recording the
various interests and rights in the land so to be brought under settlement,
[it][[6]]
may, save when a settlement of land-revenue is about to be made in respect of
such land, order that the whole or any part of the expenses incurred by the
Government in connection with such settlement, including the expenses of and
incidental to any surveys that may have been necessary, as also the expenses
that may be incurred from time to time in the maintenance of boundary and other
survey marks erected for the purposes of such settlement, shall be home by the
owners, occupiers and village headmen of the land so brought under settlement,
or by any one or more of them to the exclusion of the others, or other of them,
in such manner and in such Shares or proportions as [it][[7]]
may, having regard to all the circumstances of the case, deem just and equitable.
Regulation - 3. Provision in case of devolution or transfer of interest in land settled.--
Where any such owner, occupier or village headman dies or
transfers his interest in the land so brought under settlement, or any part
thereof, before payment of the expenses ordered under section 2 to be borne by
him, the Deputy Commissioner may recover the same from the representatives of the
deceased person or from the transferor, as the case may be, or from the person
in possession of the interest of the deceased person or transferor or of any
part thereof, or from any of them, without prejudice to any agreement as to how
or in what proportion such expenses are to be ultimately borne.
Regulation - 4. Mode of recovery.--
Every sum of money due from any person under the
provisions of this Regulation shall be recoverable from him as an arrear of
land-revenue.
Regulation - 5. Regulations to have retrospective effect.--
This Regulation shall be deemed to apply also in the case
of any settlement under section 9[[8]]
of the Sonthal Parganas Settlement Regulation, which, though begun, has not
been completed before the commencement of this Regulation.
[1] Local Extent.-- Since this Regulation is [see s. 1 (2)]
to be' read with, and taken as part of, Beg. 3 of 1872, its local extent is the
same as that of the latter Regulation, as to which see foot-note Ante, p. 523.
[2] Printed ante, p. 526.
[3] Subs. by para. 3 and Sch. III of the A.L.O. for "
Lieutenant-Governor of Bengal".
[4] Printed ante, p. 526.
[5] Subs. by para. 4(1) of the A.L.O. for " Provincial
".
[6] Subs. by para. 5(2) of the A.O. for " he ".
[7] Subs. by para. 5(2) of the A.O. for " he ".
[8] Printed ante, P. 526.