[Regulation
7 of 1822][1] [8th
August 1822] A Regulation for declaring the principle according to
which the settlement of the land-revenue in Cuttack, Pataspur and its
dependencies is to be hereafter made and the powers and duties belonging to
Collectors or other officers employed in making, revising or superintending
settlements; for defining, settling and recording the rights and obligations of
various classes and persons possessing an interest in the land, or in the rest
or produce thereof; and for vesting the Revenue-authority with judicial
cognizances in certain cases of suits and claims relating to land, the rent and
produce of land. (i)
Whereas the existing settlement of the
revenue in the ceded][2] Provinces
will expire with the present Fasli year][3] and
it has therefore become necessary to declare and enact the principles and rules
according to which the demand of the State is thereafter to be regulated, and
the manner in which future settlements and revisions of settlements are to be
conducted; (ii)
AND WHEREAS a moderate assessment being
equally conducive to the true interests of Government and to the well-being of
its subjects, it is the wish and intention of Government that in revising the
existing settlment of efforts of the Revenue-officers should be chiefly
directed not to any general and extensive enhancement of the jama but to the
objects of equalizing the public burthens,[4] and
of ascertaining, settling and recording the rights, interests, privileges and
properties of all persons and classes owning, occupying, managing or
cultivating the land, or gathering or disposing of its produce, or collecting
or appropriating the rent of revenue payable on account of land, or the produce
of land, or paying or receiving any cesses, contributions or perquisities to or
from any persons resident in, or owning, occupying or holding parcel of, any
village or mahal; (iii) AND WHEREAS, with these views and intention, the
Governor-General in-Council has considered it to be expedient and proper, with
the exception hereinafter specified, to continue the existing assessment in all
cases in which the settlement has been formed with zamindar or other persons
acknowledged as proprietors or possessors of a permanent interest in the mahals
for which they may have engaged, until a new settlement can be made, combining,
with the revision of the Government jama and the deliberate investigation of
the facts by the determination of which its amount must be regulated, a full
inquiry into, and a careful settlement of, the rights and interests of all
classes connected with the land; (iv)
AND WHEREAS the same principles are
applicable to the district of Cuttack the pargana Pataspur and it dependencies
of which the settlement will expire with the present "Amli" year][5]; (v)
AND WHEREAS it has appeared expedient to make
special provision for the early settlement of * * *[6] the
pargana of Pataspur and its dependencies : (vi)
[* * *][7] (vii) AND WHEREAS it is the desire of Government that the
proceeding held, and the records, by the Collectors when making settlements or
otherwise specially employed in conducting inquires of the above nature should
be such as that all demands, claims and suits may be adjudged and determined
according to the facts therein stated until the same shall have been formally
altered, or it shall be shown, by the result of a full investigation in a
regular suit, that the proceeding or record of the Collector was erroneous or
incomplete; (viii) AND WHEREAS it is necessary to declare and define the
powers and authority to be vested in Collectors in the conduct of the said
inquiries, and the adjustment of the differences arising out of or made known
by them; (ix)
AND WHEARS it further appears advisable that
the revenue-officers should in certain cases be vested with authority
judicially to receive, here, investigate and determine suits, claims and
demands of the above description; (x)
AND WHEREAS it appears to be expedient to
declare and explain the views and intentions of Government relative to the
rights to be enjoyed and exercised by the sadar malguzars or persons admitted
to engage for the payment of the Government revenue, and by persons collecting
the rents of the land or revenue of Government, without being subject to the
payment of any portion of it to the public treasury, such as jagirdars and
other owners or managers of lakhiraj lands; and it is particularly necessary,
in the case of estates held in pattidars or bhaiya chara tenure, to make
further provision for protecting the sharers who have not been admitted to
engagement with Government against the encroachments of the sadar malguzar, and
likewise to secure the latter against the consequences of the embezzlement or
misappropriation by the former of the funds whence the Government revenue ought
to be discharged; (xi)
For the purposes and objects above specified
the following Rules have been enacted, to be in force [* * *][8] in
the district of Cuttack, the pargana Pataspur and its dependencies. (i)
General rule relative to zamindars holding on
after expiration of their leases.-Sixth [* * *][10]if
any zamindar or other malguzar [11][acknowledged
as the proprietror or possessor of a permanent interest in the mahal for which
he has engaged] who may now or hereafter be under engagement for the payment of
the revenue demandable by Government on account of any mahal, shall be allowed
by the Revenue authorities to continue in the management of such mahal after
the expiration of such engagement, and shall do or direct any act relative to
the cultivation or management of such mahal, or the settlement assessment or
collection of the rents of such mahal, in or on account of any year subsequent
to the term of such engagement, such zamindar or other malguzar aforesaid shall
be held to be responsible on account of such year for the same revenue as may
have been demandable form him for the year preceding, unless otherwise
specially agreed upon : Provided further that it shall be competent for
Collectors or other officers exercising the power of Collector with the
sanction of the Board12 or Commissioner to whom they may be subordinate, at
any time, not being more than six months previous to the expiration of a
settlement, to call upon the zamindars or other malguzars as aforesaid to
declare whether or not they are willing to continue their engagements for the
ensuing year, and, if such zamindars or other malguzars shall not forthwith
notify their refusal to do so, they shall be held to have agreed to such an
extension of their leases at the existing assessment, and so on, from year to
year, as aforesaid. (ii)
Zamindars or other malguzars who may be
allowed to hold on from year to year shall not be chargeable with any additional
revenue on account of any year unless the Collector or other officer exercising
the powers of Collector][12]shall
notify his intention to revise the assessment on or before the commencement of
such year, unless where otherwise specially provided. (i)
With respect to estates which are at present
let to farm, a settlement thereof shall be made on the expiration of the
existing leases for such a period as the [13][State]
Government may direct. (ii)
A preference shall be give to the zamindars
or other persons possessing a permanent property in the mahals, if willing to
engage for the payment of the public revenue on reasonable terms : Provided also that, in cases wherein such mahals, may be
let in farm the term of the lease granted to the farmers shall not exceed
twelve years.. (iii) The above Rules shall likewise be applicable to estate
now held khas. (iv)
So in any case wherein the zamindars and
other proprietors may refuse to continue their existing engagements, or to enter
into new engagements, on equitable terms, it shall be competent to the
Revenue-authorities to let the lands in farm for such period, not exceeding
twelve years, as the [14][State]
Government shall appoint, or to assume the direct management of them, and to
retain them under khas management during the period aforesaid or such shorter
period as may be judged proper : Provided further that, if in any case it shall appear to
the Revenue authority that the continuance or admission of any Raja, zamindar,
talukdar or other person who may have engaged, or may claim to engage, for any
mahal or mahals in or to the management of such mahal or mahals, would endanger
the public tranquility or otherwise be seriously detrimental, it shall be their
duty to report the circumstances to the [15][State]
Government, and it shall be competent to the [16][State]
Government, [17][by
notification in the [18][Official
Gazette], to cause such mahal or mahals or let in farm, for such term as may
appear expedient and proper, not exceeding the period above specified. (i)
In admitting particular parties to engage it
was in no degree the intention of Government to compromise private rights or
privileges, or to vest the sadar malguzars with any rights not previously
possessed by them, excepting in so far as their interest in the land for which
they may have engaged might be improved by the limitation of the Government
demand, or otherwise by the resignation in their favour of rights previously
vested in Government itself, or as it may have been found necessary, with a
view to the punctual realization of the public dues, to vest the sadar
malguzar, by special Regulation, with authority of distraint, or other powers
of coercion over the under-tenants. (ii)
On the contrary, it is the anxious desire of
Government, and the bounden duty of its officers, to secure every one in the
possession of the rights and privileges which he may lawfully possess or be
entitled to possess. (iii) In pursuance of this principle, it is hereby declared and
enacted that nothing in the above provisions for extending the existing leases,
or in the stipulations of the existing settlements, do or shall be construed to
bar the Revenue-Officers, duly empowered in that behalf, from interfering to
adjust the respective rights of the sacfar malguzars and their under-tenants;
nor shall any claims to a remission or abatement of revenue be admitted on the
ground of any decision or order passed in that behalf; but, if such decision or
order shall operate materially to reduce the profits derived by any zamindar or
malguzar from the mahal owned or managed by him, it shall be competent for such
zamindar or malguzar to relinquish his engagements, and the Revenue Officers
shall in such case proceed to make a settlement of the mahal de novo. (i)
Malikana to be allowed to proprietors of
estate farmed or held khas.- [20]
Second.-The proprietors of estates let in farm or held khas shall be entitled
to receive an allowance of [21]malikana,
at such rate as the Board or other authority exercising the powers of that
Board may determine, anything in the existing Regulation notwithstanding; the
said malikana to be apportioned in cases in which several proprietors may have
heretofore held an estate under one common assessment, whether in joint tenancy
or otherwise, according to the shares of each respectively : Provided also that the malikana allowance granted to the
proprietor or proprietors of any mahal shall not in any case be less than five
percent, on the net amount realized by the [22][State]
Government from the lands; nor shall it exceed ten per cent, on the amount with
the special sanction of the [23][State]
Government : Provided further that, if the said proprietors shall in
any case be in the receipt of any perquisite or the profits of any lands in
lieu of the naukar formerly granted to them [24][*
*] in consideration of their proprietary tenure, the amount of such allowance
shall be deducted from the malikana to which they are by this Section declared
to be entitled : Provided also that this Rule shall not apply to such
zamindars as may continue in the occupancy of their tenures whilst the mahal in
which they are included is held khas or farmed, or of any part of them, that is
to say, zamindars who may cultivate or lease their lands and pay the revenue to
the farmer or Government Officer; nor, without the special sanction of
the [25][State] Government, to any
malguzar, zamindaror other proprietor or holder of land who may directly or
indirectly continue to draw any allowance from the raiyats of the lands farmed
or held khas : Provided also that malguzars, not being actual
proprietors of the land included in the estates for which they may have
formerly been under engagements though recorded in the accounts of past
settlements as zamindars, talukdars or other like, or being proprietors of a
part only of such land, shall not receive the above allowance on the jama of
the estate, but shall receive such allowance in lieu of their title of
management as it may appear to the [26][State]
Government to be equitable to assign, in addition to the malikana to which they
may be entitled on account of any lands held by them in actual property, and of
which they may not retain the occupancy; and no malikana shall be granted to
any sadar malguzar on account of lands the occupants of which may deny his
right of property, until he shall have established his right by a regular suit
in a Court of Justice, or to the satisfaction of the Board. 2 But insuch cases
such provision will be made for the intermediate support of the party as
the [27][State] Government may on the
recommendation of the Board, see fit to direct. (ii)
Zamindars may be called uon to state jamas
for which they are willing to engage.-Third.-Provided also that, if any
zamindar or sadar malguzar shall have been called upon by a Collector or other
officer exercising the powers of a Collector to state the highest amount of
jama for the payment of which he may be willing to enage, and shall have stated
the same accordingly, the sum so stated by such zamindar or sadar malguzar and
not the jama ultimately realized by the [28][State]
Government shall form the basis on which his malikana allowance shall be
adjusted; and in such case it shall and may be lawful for the Revenue
Authorities to limit the said allowance to five per cent on the said sum, or to
a portion thereof, according to the extent of the proprietary interest
possessed by the said zamindar or sadar malguzar : Provided also that, if a zamindar or sadar malguzar, when
so called upon, shall fail to specify or tender any sum as aforesaid, then and
in that case the net revenue derived by the [29][State]
Government from the mahal, on account of the year preceding that in which the
Collector or other officer aforesaid may make the said requisition, shall be
taken as the sum by which the amount of malikana (not being less than five, nor
more than ten, per cent on the same) shall be adjusted. (i)
First.-In cases wherein the existing
engagements may be continued in Section 2 of this Regulation, it shall and may
be lawful for the Collectors with the sanction of the Board][30]*
* * [31][to enter at any time in the
course thereof on a revision of the settlement notwithstanding such continuance
of the existing leases, and to adopt such measures as may be requisite for
ascertaining and determining the extent and produce of the lands, and the
amount jama properly demandable therefrom, and for procuring and recording the
fullest possible information in regard to the rights, interest, privileges and
properties of the agricultural community, and to determine the same, with the
same powers and authority as they now are or may hereafter be entitled to
exercise in forming the settlement of estates open to reassessment. (ii)
Revision of settlement how made.-Second.-The
said revision of the settlement shall be made village by village and mahal by mahal;
and such number of mahals shall be revised in each year, as the Board]12 under the orders of the [32][State]
Government may direct. (iii) Revision of settlement not to operate to alter jama
payable on account of lands included in existing engagement.-Third.-Such
revision of the settlement shall not operate to disturb the existing
engagements during the period for which they may be continued under the
provisions of Section 2 of this Regulation in so far as such engagements relate
to the amount of jama demandable by Government; but the said engagements shall
be held considered to include only such villages and lands as may be specified
in the proceedings or accounts of the settlement last concluded; and, if on the
revision of the settlement of any mahal it shall be found that there has been
any material error or concealment of lands belonging to such mahal the
Collector shall be authorized, subject to the orders of the Board,]2 separately to assess the lands so withheld from the
knowledge of the Revenue-Authorities, in the same manner and with the same
powers as he would assess an unsettled mahal : Provided also that nothing in this or the preceding
sections shall be construed to prevent the Revenue-Officers from passing and
enforcing such orders in regard to the rights and interests to be, enjoyed by
the different classes of persons connected with any mahal during the period for
which the existing settlement has been extended, as they may or shall be
authorized to pass or enforce when adjusting the assessment of an unsettled
mahal. (iv)
[33][ * * * *] (i)
When a Collector][34][*
* *][35][in
the province][36]of Cuttack shall have
completed the revision of the settlement of any mahal under the Rules contained
in the preceding section it shall and may be lawful for him, subject to the
orders of the Board [37][*
* * *] and [38][of the [39][State]
Government, to grant to the proprietors, if willing to engage on adequate terms
renewed lease for such further term of years subsequent to the year 1234]21 Fasli or Amli as the State Government may direct. (ii)
Jama for years subsequent to 1234, how
adjusted-Second.-The assessment to be demanded on account of the years
subsequent to the year 1234 fasli to which lease renewed as above may extend,
shall be fixed with reference to the produce and capabilities of the lands as
ascertained at the time when the revision of the settlement shall be made
unless under special circumstances justifying a prospective enhancement of the
Government demand : Provided also that the amount of such assessment shall
not be raised above that of the present jama unless it shall clearly appear
that the net profits to be derived from the land by the zamindars and others
who may be entitled to share in the profits arising out of the limitation of
the Government demand will exceed one-fifth of that amount; and in, case
wherein any increase may be demanded, the assessment shall be so regulated as
to leave the zamindars and others aforesaid a net profit of twenty per cent on
the amount of the jama payable by or through them respectively: no abatement on
the existing jama will be allowed unless on the clearest ground of necessity. (iii) Pattas granted on revised settlement to cover only lands
specified- Third.-The pattas granted on such revised settlements shall be held
only to secure the malguzars from further demand during the term of their
respective leases, on account of the lands specified in it, or described in the
settlement rubakari of the Collector][40] with
such allowance for error as may be distinctly declared at the time of
settlement. (iv)
Zamindars and other persons entering into
engagements will be required therefore to afford the fullest and most correct
information in regard to the raqba of the mahals for which they may engage. (v)
[41][* * * *]. (vi)
Power to postpone final settlement until
expiration of current leases- Fifth.-If any zamindars or other sadar malguzar,
the settlement of whose estate may be revised under the above Rules, shall
refuse to enter into suitable engagements for a further period beyond the term
of the then current lease, or if after such revision the Revenue Authorities
shall under any other circumstances deem it expedient to postpone taking
further engagement of the revenue of any mahal until the expiration of the
current leases, it shall be competent to them to do so; and in such case the
several Rules contained in Section 3 of this Regulation relative to estates of
which the settlement will expire with the present year, shall on the expiration
of the said lease be and be held applicable to such mahals. (vii) Rules applied to estates in Pataspur, etc.-Sixth.-The
same rules shall also be applicable to the several mahals within [* * *][42]pargana
Pataspur and its dependencies, as they may respectively become, or be declared,
open for resettlement. Where the waste-land belonging to or adjoining any mahal
is very extensive, so as considerably to exceed the quantity required for
pasturage, or otherwise usefully appropriated, it shall be competent to the
Revenue-Officers to grant leases for the same to any persons who may be willing
to undertake the cultivation in perpetuity, or for such periods as the [43][State]
Government shall determine; and to assign to zamindar or others who may
establish a right of property in the lands so granted an allowance equivalent
to ten percent, on the amount payable to Government by the lessees, in lieu and
bar of all claims to or in the waste-lands, so granted, or such other
perquisities or privileges as by the custom of the country they may appear in
such cases entitled to receive. (i)
First.- It shall be the duty of Collectors
and other Officers exercising the powers of Collectors, on the occasion of
making or revising settlements of the land-revenue, to unite, with the
adjustment of the assessment and the investigation of the extent and produce of
the lands, the object of ascertaining and recording the fullest possible
information in regard to landed tenures, the rights, interests and privileges
of the various classes of the agricultural community. (ii)
For the this purpose their proceeding shall
embrace the formation of as accurate a record as possible of all local usages
connected with landed tenures, as full as practicable a specification of all
persons enjoying the possession and property of the soil, or vested with any
heritable or transferable interest in the land or the rents of it, care being
taken to distinguish the different modes of possession and property, and the
real nature and extent of the interests held, more especially where several
persons may hold interests in the same subject-matter of different kinds of
degrees. (iii) This record shall, in pattidari or bhaiya chara villages
or the like, include an accurate register of all the coparceners not merely the
heads of divisions, such as the pattis, thoks or behris, but also as far as
possible of every person who occupies land, dispossess of its produce or
receives rent as proprietor or as agent for one or more proprietors holding
land and disposing of its produce, or receiving the rents of it in common, with
a detailed statement of the interior arrangments adopted by the brotherhood for
the distribution of the profits derived from sources common to the coparcency
where any such exist, and for determining the share of the Government jama and
of the village-expenses which each parcener is to contribute, or the other
modes in which the engaging parcener or intermediate pattidars and behridars
collect from the cultivators. (iv)
A record shall likewise be formed of the
rates per bigha of each description of land or kind of produce demandable from
the resident cultivators not claiming any transferable property in the soil,
whether possessing the right of hereditary occupancy or not, and the respective
shares of the sadar malguzar or other manager, and the cultivator in lands
cultivated under kankut batai or similar engagements, with a distinct
specification of all cases or extra collections made by the malguzar or village
manager, or other. (v)
The names of all the village-parwaris and
village watchmen shall also be registered, with a statement of the amount and
nature of the allowance assigned to them. (vi)
And all lakhiraj tenures shall be carefully
recorded, with a specification of the nature of the tenure. (vii) The information collected on the above points shall be so
arranged and recorded as to admit of an immediate reference hereafter by the
Courts of Judicature, it being understood and declared that all decisions on
the demands of the zamindars shall hereafter be regulated by the rates of rent
and modes of payment avowed and ascertained at the settlement, and recorded in
the Collector's proceedings until distinctly altered by mutual agreement, or
after full investigation in a regular suit and all cesses or collections not
avowed and sanctioned, nor taken into account in fixing the Government jama,
shall be held illegal and unauthorized, unless now or after specially [44][sanctioned
by the [45][State] Government.] (viii) Collectors, etc., may grant pattas to mufassal zamindars
and raiyats.- Second- Provided also that it shall be competent to Collectors
and other officer as aforesaid [subject to the orders of the Board [* * *][46]to
grant pattas to the several mufassal zamindars and raiyats or other owners or
occupants of land, for the land owned or occupied by them specifying the amount
to be paid by them, and all the conditions attaching to their tenure, and a
register of all pattas so granted shall form a part of rubakari of settlement. (ix)
Power to take engagements for revenue with
completing detailed inquiry.-Third-Provided, however, that, if from the number
of estates of which the leases may at once expire in any district, from any
other special cause, it shall be found necessary, for the security of the
Government revenue, to take engagements from any zamindar, malguzar or farmer
without completing the detailed inquires above directed, it shall be competent
to the [47][Board] of Revenue or other
authority exercising the powers of [48][that
Board] to cause engagements for the revenue to be taken in the manner
heretofore in use, reporting the circumstances to the [49][State]
Government, but the term of the engagements so taken shall not exceed five
years, and the rules relative to the revision of the settlements of mahals of
which the existing leases have been extended under the provisions of Section 2
of this Regulation shall be equally applicable to estates for which such
engagements shall be taken. (i)
First.-of several parties possessing separate
heritable and transferable properties in any parcel of land or in the produce
or rent thereof, such properties consisting of interests of different kinds, it
shall be competent to the [50][State]
Government to determine and direct which of such parties shall be admitted to
engage for the payment of the Government revenue, due provision being made for
securing the right of the remaining parties. (ii)
It is further hereby declared and enacted
that it is and [51][shall]
be competent to the [52][State]
Government or such other authority to whom the power to confirm settlements may
be delegated by the [53][State]
Government by notification in the [54][Official
Gazette] in confirming the settlement of any mahal in perpetuity or for a term
of years, to determine and prescribe the manner and proportion in which the net
rent or profit arising out of the limitation of Government demand shall be
distributed among the different parties possessing, an interest in the lands
appertaining to such mahal or in the rent or produce of such lands or mahal. (iii) Mufassal settlements in cases where title of intermediate
manager between the Government and proprietors or hereditary occupants of soil
are maintained.-Second.-In cases wherein any land appertaining to a mahal
hitherto recognized as the taluk, zamindari or the like, of one or more sadar
mulguzars, may be owned or occupied by other persons holding under the sadar
malguzar and possessing an heritable and transferable property therein or an
herediatary right of occupancy subject to the payment of a fixed rent, or of a
rent determinable by a fixed principle, if the title of the said sadar malguzar
to engage for the revenue be upheld, and generally in case wherein the tenure
of an intermediate malguzar or manager between [the Government][55]and
the proprietors or hereditary occupants of the soil may be maintained, whether
the Government revenue be collected from the zamindar, talukdar or other
hereditary intermediate malguzar or the mahal be farmed or held khas, it shall
be competent to the Collectors or other Officers who may be employed in
adjusting the jama to be assessed on such mahal with the sanction of the Board
previously obtained and subject to the orders and directions of that authority,
to make a mufassal settlement with each of the proprietors or occupants
aforesaid for the land possessed by him, and to grant such proprietors or
occupants pattas defining the conditions on which they are to hold their land,
whether subordinate to the sadar malguzar or to the farmer or officer of [56][the
Government] employed in the khas management; and in all such cases, if
engagmenets for the Government revenue of the mahal be taken from the
intermediate hereditary malguzar, the particulars of the mufassal settlement,
when approved by the Board, shall be endorsed on the patta to be granted to the
sadar malguzar or shall be so incorporated with the engagement taken from him
as to form part of the same. (iv)
Settlement where several persons hold common
property subject to common obligation.-Third.-In cases in which two or more
persons may possess a joint property in the village, mahal or parcel or land,
or in the rent or produce of any village, mahal, or land, or in any part of
such village, mahal, land, rent or produce, the property of such persons consisting
of interests of the same kind, whether of the same extent or otherwise as well
as in cases wherein such property in any mahal, village, land, produce or rent
may be separately possessed by parties subject by prescriptive usage to common
obligations, whether existing or contingent, it shall be competent to the
Collector or other officer exercising the powers of Collector, subject to the
orders and directions of the Board and of the [57][State]
Government, either to make a joint settlement with the parties collectively or
a majority of them, or with an agent appointed by them or a majority of them,
or to select one or more of them to undertake the management of the mahalas
sadar malguzars, due advertence being had to the wishes of all the coparceners,
and to the past custom of the village or villages comprised in the mahal. (v)
When joint settlement to be made, parties how
summoned-Fourth.- When it shall be determined to make a joint settlement for
any village, mahal or parcel of land with the parties possessing therein a
joint property as aforesaid, the Collector or other officer making the
settlement shall give notice of his intention, by a written proclamation to be
struck up in some public place within the village, mahal or land, and shall
require all persons possessing therein a property as aforesaid to attend,
either in person or by representative duly authorized in the matter, within a
reasonable period, at a stated place and time, and to declare their agreement
or non-agreement to the jama proposed to be assessed on the village or land. (vi)
Persons wilfully failing to attend when
summoned to be bound by decision of majority present.-Fifth.-If any person or
persons, when summoned as above, shall refuse, neglect or omit to attend,
either in person or by representative, such person or persons shall be held to
be bound by the decision of the majority of those who may attend, in agreeing
or disagreeing to the jama, and his or their interest and estate shall, unless
otherwise specially allowed be held responsible for the Government revenue, and
be liable to sale in the event of any arrear accruing on account of the
settlement. (vii) Treatment of parceners not joining in
settlement.-Sixth.-If any person or persons shall attend and shall object to
the jama proposed to be assessed, then, should a settlement be made with the
other parties present, the objecting parties shall be left in the enjoyment of
the same rights and interests as they would enjoy in the event of the mahal
being farmed or held khas; and, in so far as regards the lands to which such
rights and interests attach, the other parceners, if their engagements be
extended thereto, shall be considered farmers of the Government revenue to hold
the same under leases of such term as may be determined and agreed upon under
the general rules applicable to lands for which the proprietors may refuse to
engage. (viii) Rates of rent of cultivating proprietors of lands of
which revenue collected khas or farmed.-Seventh.-When any mahal or portion of a
mahal, held by a number of cultivating proprietors in pattidari or bhaiya chara
tenure or the like, shall be let in farm or held khas, the rent demandable from
the proprietors of such mahal or portion of mahal on account of the land
occupied and cultivated by themselves, shall be adjusted by the rates payable
by raiyats or other resident cultivators not having an heritable and
transferable property in the soil, for lands of a similar description in the
same or in the adjoining villages, with a deduction of five per cent, on
account of malikana, or such other rate, not being less than five per cent., as
the [58][State] Government determine. (ix)
Liability for default of non-engaging
parceners when settlement of mahal made with one or more of them as sadar
malguzar.-Eighth.-When it shall be determined to make a settlement of a mahal
of the above description with one or more of the parceners selected to manage,
collect and account for the public revenue as sadar malguzar, then and in that
case the interests of the non-engaging parceners shall not be held answerable
for the default of the sadar malguzars, save and except in so far as may be
specifically provided. (x)
Such parceners shall, until regularly
separated, continue to hold their lands as subordinate proprietors, subject to
the payment of rent or revenue to the sadar malguzar at the rates and in the
mode heretofore in use, excepting in so far as that usage may be affected by
the determination of the [59][State]
Government in regard to the distribution of the net rent or profit derived from
the limitation of the Government demand or by the Rules now in force or
hereafter to be enacted, for vesting the sadar malguzars with specific powers
over the subordinate tenants in the collection of the rent or revenue
demandable from them. (xi)
The responsibility attaching to the persons
selected as sadar malguzars and the conditions under which they are to hold
that title of management will in each case be specifically declared at or after
the time when the settlment is confirmed. (xii) The conditions and limitations under which the
subordinate proprietors shall be admitted to separate engagements will also be
similarly declared. (xiii) Parcels owned and occupied may be separately
settled.-Ninth-Provided further that, in all cases wherein different parcels of
land belonging to any mahal may be separately owned and occupied by different
proprietors or by different bodies of properietors, it shall be competent to
the [60][Board] of Revenue or other
authority exercising the powers of Board12 to cause a separate settlement to be made for the
land owned and occupied by each proprietor or by each body of proprietors and
each parcel of land for which a separate settlement may be so made shall be
held exclusively responsible for the revenue assessed upon it. (xiv) Power to partition and to settle separately with each
proprietor.- Provided also that, if the several parties possessing to joint
property or separate properties subject to a common obligation as aforesaid, or
any of them, shall apply to a Collector or other officer][61] making
or revising a settlement to have separate possession of their several share or
shares in such joint property, or to be admitted to separate engagements, it
shall be competent to such Collector or other officer,][62] with
the sanction of the Board]12 or other authority to which he may be subordinate,
to make a partition of the property among the different parties according to
their respective interests, and to make a separate settlement with each of them
or with such parties as may desire to enter into separate engagements. (xv)
Proprietors excluded from engagements may
have their names registered.-Tenth.-In all cases wherein any proprietor may be
excluded from engagements the Collector][63]shall
be careful to let it be known that all persons possessing a property in the
mahal are entitled to have ther names recorded in the rubakari of settlement,
with the amount or rate of the assessment demandable from each. (i)
The Collector's][64] proceedings
in forming the registry above directed shall be founded on the basis of actual
possession, and that officer shall, in every instance, be careful to record the
precise nature of the authority on which the entries in his books may be made. (ii)
In conformity with the above principle it
shall be competent to the Collectors or other Officers][65] when
making or revising settlements, or otherwise deputed to investigate and
determine the circumstances of any mahal, and the tenures-connected with it, to
correct the errors or omissions of former settlements by admitting to
engagements or entering on the public records the names of the persons found in
the bona fide possession of land or in the receipt of rent under a proprietary
title; and in such cases the Collector][66]will
hold an official proceeding, explaning fully the grounds on which he may act. (i)
First.-In cases in which the proportion of
the Government jama and village expenses payable by each proprietor and by each
body of proprietors comprised in several pattis, behris and other division of
an estate held under pattidari or bhaiya-chara tenure or the like may have been
originally fixed on a measurement of the lands occupied by each, with reference
to the quantity in cultivation, and may be liable by the usage of the country
to periodical adjustment on the same principle, if the Collector or other
officer making or revising the settlement shall be satisfied, by examination of
the patwaris' accounts or otherwise, that the contributions paid by any
proprietor, or body of proprietors as aforesaid, are materially in excess of
the amount justly demandable from them, it shall be competent to him, with the
previous sanction of the Board to cause a new distribution to be made of the
revenue and charges payable by each, with reference to the above principle, and
to such resolutions as the [67][State]
Government may have passed to the apportionment of the net rent or profits
arising out of the limitation to the Government demand, and in the performance
of this duty to employ the kanungo and such person as he may judge it advisable
to appoint, and to settle the jama payable by the different parties according
to the award of such person or persons, or otherwise as shall appear to be just
and equitable. (ii)
And in certain cases may make fresh partition
of land.-Second.-In like manner, in cases in which the several proprietors
shall be entitled not only to an adjustment from time to time of the jama
payable on account of the lands occupied by them, but likewise to a periodical
partition of the land of the village, with reference to the share recorded as
belonging to each, it shall be competent to the Collector or cause fresh
partition of the lands and adjustment of the jama to be made as above
prescribed, and at the same time to fix and declare the period from which the
arrangement as finally settled is to have effect, and to adjust the claims of
the parties relative to the revenue intermediately paid by them, as may appear
equaitable : Provided, however, that no such partition or adjustment
shall be final until confirmed by the Board* *][68] or
other authority exercising the powers of that Board. (iii) Cases in which parties affected by Collector's decision
may contest it in Court.-Provided also, that, if any parties shall dispute the
existence of the usage under which the partition of the lands shall have been
made, and shall claim to be restored to possession of the lands which the
Collectors may have transferred to another, or shall consider himself entitled
to the benefit of a new partition of the lands comprised in the mahal to which
he may belong, in any case in which the Collector may have refused to order it,
shall be competent to the said party to bring a regular suit in the Zila Court
against the person or persons to whom the land may have been transferred, or
the person or persons who may resist the partition, to try the justness of the
Collector's decision; but, if the existence of the usage shall be admitted or
established, it shall not be competent to the courts of Judicature to question
the accuracy of the partition of the land or adjustment of the jama. (iv)
On what points Revenue Officer's decision
conclusive.-And, whenever the decision of a Collector for the partition of any
land shall be set aside, it will of course belong to Revenue Authorities to
re-adjust the jama with reference to the interests of the parties as defined
and settled by the final decision of the Courts of Judicature, and to the
conditions of the tenure, and to any general or special resolution of the [69][State]
Government relative to the distribution of the rent or profit arising out of
the limitation of the public assessment. Collectors and other officers exercising the powers of
Collectors shall not, unless where specially authorized in the manner
prescribed in this or some other [70][law],
do any act tending to disturb possession, but shall leave the Adalat to
investigate in a regular suit all claims of persons not in possession but
deeming themselves entitled to be so. (i)
First.-Collectors making or revising
settlements shall, in cases in which any dispute may exist in regard to the
nature of the tenure of any persons occupying the soil, be competent to declare
in an official proceeding, to be incorporated in the rubakari of settlement,
the nature and extent of the interests actually possessed by such occupant,
referring to the denominations heretofore applied to him only as one means of
proof in regard to the nature of the interest, but stating at length with specification
of any examination he may take for his satisfaction, the grounds of his
determination; (ii)
so also in cases of dispute regarding the
extent of the interest belonging to any sharer in a village or villages held
under pattidar bhaiyar or the like tenure, such sharer having actual possession
of a portion of such village or villages, or being in the actual receipt as
proprietor of a share of the joint profits of the land, it shall be competent
to the Collectors to decide the point in the first instance in the rubakari of
settlement, and to enforce his decision, leaving the party who may deem himself
aggrieved to seek redress by a regular suit in the Courts to try the right; (iii) but nothing herein contained shall be construed to
authorize the Courts to interfere with the decision of the Collector in regard
to the amount or proportion of jama to be assessed on any parcel of land, or in
respect to the quantity and description of land, to be assigned in partition to
the holder of any specific share of a joint estate. (iv)
Cognizance of claims to larger profits or
larger shares of village, than hitherto.-Second.-The above Rule shall not be
construed to empower Collectors, unless otherwise authorized, to take
cognizance of any claim to receive a larger portion, of the common profits than
the claimant has hitherto enjoyed, or to hold a larger portion of the village
or villages than he has hitherto occupied. (v)
Maintenance by Courts of decisions, of
Revenue Officers-Bar to interference by Courts.-Third.-The decisions passed by
the Collectors under the above powers if not altered or annulled by the Board
or by the 14[State] Government, shall be maintained by the Courts,
unless on investigation in a regular suit it shall appear that the possession
held under such a decision is wrongful, and nothing herein contained shall be
understood to authorize any Court to interfere with the decision of the
Revenue-authorities relative to the jama to be assessed on any mahal or portion
of a mahal or to the extent and description of lands belonging to any mahal
that may be assigned on the partition of the same to the several parceners
concerned. (vi)
Cognizance by Collectors of complaints of
wrongful dispossession.- Fourth.-If any person shall complain to a Collector or
other officer making or revising the settlement of any mahal that he has been
wrongfully dispossed from any lands, premises, crops, orchards,
pasture-grounds, fisheries, wells watercourses, tanks, reservoirs or the like,
within such mahal, or of the rents, produce or profits of such lands, premises,
etc., the like as aforesaid, or that he has been wrongfully disturbed in the
possession thereof, it shall be competent to the Collector or other officer
aforesaid to inquire into the matter, and if the party so complaining shall
appear to have been in possession in the year preceeding that in which the
complaint is brought, and there shall otherwise be reason to believe that he
has been violently or wrongfully dispossesed or disturbed, it shall be
competent to the Collector to restore or confirm him, recording the grounds of
his determination in a rubakari; and the opposite party shall in such case be
left to bring a regular suit in Court to try the question of right. (vii) Adjustment of disputes as to possession.-In like manner,
should a Collector or other officer as aforesaid find that there exist in any
mahal of which he may be making or revising the settlement any disputes,
relative to the possession of lands, premises or the like which it may be
expedient to adjust, it shall be competent to the Collector or other officer
aforesaid to pass a decision determining the point of possession, leaving the
question of right, if further disputed, to be settled by the result of a
regular suit in the Adalat. (viii) Cases to which foregoing provisions apply.-Fifth.-The
above provisions will be held to apply to all cases in which a zamindar or
under-tenant, whether farmer or raiyat having by special deed or prescriptive
title a right of occupancy, shall have been wrongfully ousted from the
occupancy of lands held and cultivated by him in the preceding year, or in
which the rents and profits of any land which were received by such
dispossessed party in the preceding year shall be withheld that from him
without a legal award, or a voluntary act of the party involving the transfer,
renunciation or relinquishment of such rents and profits. (ix)
But the above Rule shall not apply to any
case in which the complaining party may have executed any deed purporting to be
a relinquishment of possession, unless it shall have been established by some
judicial proceeding that such deed was extorted by force and terror, nor to any
cases wherein the complainant shall have in any way lost or relinquished
possession previously to the commencement of the year preceding that in which
the complaint may be preferred. (i)
In the settlement of any resumed mahal held
or pretended to be held under sanads from the ruling power, or from the amils
or [72][Officers of the [73][Government],
whether such lands shall have been heretofore subject to the payment of revenue
or otherwise, it shall be competent to the Collector or other officer making
the settlement to hear, try and determine all claims to the property and
possession of the land comprising such mahal or the rents or produce thereof,
anything in the existing Regulations notwithstanding, and subject to the orders
and direction of the Board of Revenue or other authority exercising the powers
of that Board to give possession to, and conclude a settlement with, the party
who may appear to have the best title, leaving other claimants to establish
their claims by a regular suit in the zila [* *][74]Court,
by which [* * *][75]all decisions passed by
Revenue-authorities under this section may, on such suit being fully heard,
sued and determined, and not otherwise, be revised, annulled or altered. (ii)
Limitation of Rule.-The above rule shall not
extend to land free of assessment under grants made by or at the request of the
proprietors themselves or their representatives, the settlement of which shall
ordinarily be made with the parties in possession, if willing to engage on
adequate terms.' (i)
It shall be competent to the [76][State]
Government to grant to a Collector making or revising the settlement of any
mahal whether the same may have been held by a lakhiraj tenure resumed, or
malguzari may have become open to re-settlement in ordinary course, special
authority to hear, try and determine as above all claims to the property and
possession of the lands lying within such mahals or the rent or produce thereof,
and to give possession to the party who may appear to have the best title
subject to the orders and direction of the Board and further subject, as above,
to the revision of the zila* *][77]Court
on a regular suit : Provided also that, whenever special authority may be
given to any Collector as aforesaid, notice of the order of Government shall be
published by a proclamation within the mahals to which the authority so given
may extend, and it shall be the duty of the Collectors and the [78][Board
to see that such proclamation is duly made. (ii)
But no decision passed by a Collector under
this or any other Section whereby such notification is required shall be
disturbed by any Court of Judicature, otherwise than after a full and regular
investigation of merits, on the plea that proclamation was not made. (i)
It shall be competent to Collectors5 and
officers engaged in making or revising settlement of any parganas, mauza or
other local division, on the application of persons claiming a right of
property in lands held free of assessment, or at a mukarrari jama, under unquestioned
grants from the ruling powers, or from the amils or other [79][officers
of the [80][Government], and situate
within or adjoining to such pargana, mauza or other local division to receive,
try and determine the claim, and if satisfied that the applicants do possess or
are entitled to possess any hereditary and transferable property in the land or
the produce or rent thereof, the Collector][81]or
other officer, with the [82][sanction
of the [83][State] Government]
previously obtained, shall be authorized to conclude a settlment with them on
behalf of the lakhirajdar or mukarraridar-for such period as the [84][State]
Government may direct, and shall grant to each of the said proprietors pattas
defining the conditions on which they are to hold their lands subordinate to
the lakhirajdar or mukarraridar. (ii)
It shall further be competent to the
Collector][85]under the orders of the
Board]12 [* * *][86] to
fix and declare the amount of malikana or other proprietary allowance to be
paid by such lakhirajdars or mukarraridars to the said proprietors, in the
event of their being divested of the occupancy and management of their lands : Provided, however, that either party who may be
dissatisfied with the decision of the Collector][87] as
to the question of the right of property shall be at liberty to contest the
same in a regular suit in the Adalat; but the Court shall not interfere to
alter the terms on which this settlement may have been made by Collector][88] with
proprietors, or the amount of malikana granted to such persons. The Collector][89] shall
in cases of doubt be judge of the question, subject to the orders of the Board][90]and [91][of
the [92][State] Government]; and the
Courts of Judicature shall not disturb possession given by the Collector][93] except
on a regular suit, and on a decision as to the right. (i)
First.-It shall be competent to Collectors][94] when
prosecuting the above enquiries or hearing and trying the above suits, or
otherwise when may be subordinate, to require, all sadar malguzars and other
person owning, occupying managing or cultivating any lands within or in the
vicinity of the mahal to which their inquires may extend, or gathering or
disposing of the produce thereof, or collecting, enjoying or appropriting any
rent or revenue derived therefrom, as well as the gumashtas or other agents
employed by such person in the management or cultivation of the land, or in the
collection of the rent, produce or revenue thereof to attend and produce all
accounts or other papers which they may respectively possess relative to such
lands, produce, rent or revenue, and to examine the said persons on oath, or
halafnama to the truth of the accounts produced, or any other mater relating to
such accounts, or regarding the lands, produce, rent or revenue of the mahal or
the rights and interests attaching to such lands, produce, rent or revenue][95]: Provided, however, that no person shall be compelled to
answer on oath or solemn declaration any interrogation regarding matters
wherein he may have an immediate personal interest in concealing the truth, or
in uttering what is false, not being an interest arising out of fear, favour or
reward, or any corrupt bargain or agreement with another party. (ii)
Rules of Regulation 2,1819, applied to
process issued by Collectors.- Second,-The Rules contained in Section 11,
Regulation 2, 1819, relative to the mode of serving process on persons who may
be required to attend and produce accounts under the provisions of that
Regulation shall be held applicable to process issued by Collectors][96]or
other officers under the rules contained in this Regulation also to patwaris,
and others summoned or examined.-In like manner the provisions of Section 12 of
the said Regulation shall be applicable to all patawaris, gumashtas or other
persons by whom the account of any lands, regarding which the said inquiries
may have been instituted, may be kept, and who, after being duly summoned as
aforesaid, may neglect or omit to produce any of the accounts required from
them, or to give their evidence regarding them, or who may deliberately give a
false deposition on oath or solemn declaration, when summoned and examined as
aforesaid, or whom may alter, fabricate, falsify or mutilate the accounts which
they may be required to produce. (iii) Powers of Collectors. Rules applied to other persons upon
whom process may be issued.-Provided further that Collectors][97]and
other officers employed in the settlement of the land-revenue, or in any of the
inquires specified in this Regulation, shall be vested with all powers and
authority which are or may be lawfully exercised by Collectors in cases
depending before them under Regulation 2, 1819 and the rules contained in
clause third, Sections 13,14 and 19 of the said Regulation shall be and be held
applicable to all persons who may be summoned by any Collector]12 or other officer aforesaid, or who may resist the
process of a Collector issued under the rules of this Regulation, or who may
refuse to take an oath or subscribe a solemn declaration when required, or who
may deliberately give a false deposition on oath or under a solemn declaration
taken instead of an oath, or may cause or procure another to do so. (i)
First.-The powers specified in Sections 11,
12, 14, 15, 17, 18 and 19 of this Regulation shall be ordinarily exercised by
Collectors when employed in making or revising settlements of the land-revenue
and shall extend to all the lands comprised in the pargana in which he may be
so employed; but it shall be competent to][98] the [99][State]
Government] by notification in the [100]
[Official Gazette], to be publicly proclaimed in the district to restrict the
authority of Collectors][101]and
other officers making settlement in such manner and to such extent as [102][ii]
may from time to time judge expedient. (ii)
In like manner it shall be competent to [103][the [104][State]
Government] to west such Collectors][105]as
may from time to time be judged fit with a special authority to receive, try
and determine in the first instance, subject to a regular suit in the Adalat as
above provided, all or any of the questions of the nature specified in the
aforesaid section, though the said Collectors][106]may
not be engaged in making or revising a settlement of the land-revenue; (iii) and to vest in such of the Collectors as may be thought
proper authority (either generally or within such limits as may be from time to
time determined) to receive, try and determined by summary process all suits
for rent which may be preferred by zamindars, talukdars or other sadar
malguzars or farmers of land, or by any person in their behalf, against any
dependent talukdar, zamindar, under-renter, raiyats or other under-tenant of
whatever denomination, as well as all applications by raiyat and the
under-tenants contesting the demand of a sadar malguzar or farmer; (iv)
and all complaints preferred by raiyats or
other under-tenants of whatever description, against landholders or farmers of
land, or their respective agents or respresentatives on account of excessive
demand or undue exation of rent, whether levied by distraint or otherwise, as
well as all suits relative to the adjustment of accounts between landholders
and farmers of land or under-tenants of whatever description, with their
sureties, or with any agent or persons employed by them in the managment of
land, or the collection or payment of the rent of land, and to all other matters
immediately connected with the demand, receipt or payment of the rent of land,
whether malguzari or lakhiraj, or with the rent of orchards, pasture-ground,
and fisheries, commonly denominated phalkar, bankar and jalkar with any other
asset of the land-revenue not included in the sair absolished, together with
all complaints of the non-delivery of pattas when demandable under the
Regulations, or complaints of the prescribed receipts not being given for
actual payment of rent, and generally complaints of any deviation from the
Regulations, or from the established usage of the countery, relative to the
matters aforesaid, or any violation of subsisting engagements in disputes
respecting the rent and occupancy of land between landholders or farmers of land
and their under-tenants of whatever denomination. (v)
Appointment of Collector to discharge above
duties, how notified.- Second.-The appointment of the Collector][107]to
the discharge of the above duties, and the extent of the jurisdiction to be
assigned to him, shall be notified by proclamation in the district, after such
manner as the [108][State]
Government may direct; (vi)
and after the publication of notice, all
summary suits, actions, applications and complaints of the above nature, and
referring to lands or the rents, produce or accessions of land lying within the
jurisdiction assigned to the Collector as above, which may be preferred in the
Zila [* * *][109] Adalat by any sadar
malguzar. zamindar, talukdar, farmer, raiyator other proprietor or under-tenant
of land, shall immediately, on being received, be referred, for trial to the
Collector to whom also all such summary suits depending at the time shall be
transferred : Provided also that in such cases parties having suits or
complaints to prefer, of which the cognizance may be vested as above in the
Collector shall be at liberty to prefer them to that officer in the first
instance. (vii) It shall in like manner be competent to the [110][State]
Government to fix by notification in the [111][Official
Gazette] the period at which the special powers given as above to a Collector,
and the authority to be ordinarily exercised by those officers on the occasion
of making settlments shall cease and determine. (viii) Limitation of times for preferring complaints
specified.-Third.-No complaint or application of the nature specified in the
preceding clauses shall be received by a Collector under the rules of this
Regulation, unless this plaint or application shall have been preferred within
the period of one year after the cause of action shall have arisen. (i)
In summary suit for rent and the like,
wherein special rules have been prescribed for regulating the process of the
Courts, the Collectors shall be guided by the same rules, and shall exercise
the same powers and authority as are or may be lawfully exercised by the Zila
and City Judges. (ii)
In other cases falling under their cognizance
according to the provisions of this Regulation, the ordinary process for securing
the attendance of the defendant or party otherwise impleaded shall be to issue
a notice reciting the matter, and requiring the defendant or other party to
attend in person, or by representative, at such time and place as may be made
choice of by the Collector for conducting the investigation; (iii) should any party fail to attend after being served with a
notice of the above description, or should the return of the nazir or person
employed to serve the notice be, that after diligent search the partly or
parties cannot be found, proclamation shall be made in writing, to be stuck up
at or near the ordinary residence of the party, stating that, after 15 days
from the date of publishing the same, the case will be liable to be brought up
for trial and Judgment; and any party implicated who, having been served with
the notice above described, shall fail to attend or who shall continue to
absent himself, will be as much bound by the judgment that may be passed as if
he or they had been in attendance to plead. (i)
First.-It is hereby declared and enacted
that, in so far as concerns the summoning and examination of witnesses,
penalties for false testimony, for resistance of process, contempts and all
other similar matters connected with cases under cognizance before the
Collectors of land-revenue, or other officers, by virtue of the powers vested
in them by this Regulation or any [113]
[other law] whereby Collectors are vested with judicial powers, their cutchery
or office for the time being shall be deemed and held to be a Court of Civil
Judicature. (ii)
Suits to contest Collector's decisions held
to be appeals from summary awards.-Second.-Provided also that the regular suits
which may be brought to contest decisions passed by Collector under the powers
vested in them by Sections 11, 12, 14, 15, 16, 17,18, 19, and 20 shall be of
the nature of an appeal to Court in its regular jurisdiction from a summary
award. It shall not therefore be necessary for the Collector or other officer
of Government to be a party in the action. (iii) Collectors authorized to execute their
awards.-Third.-Collectors of the land-revenue are hereby empowered to execute
all awards made by them under the rules of this Regulation, in cases wherein a
specific sum of money shall be adjudged to be due, or any costs or damages be
awarded; the Collector decreeing the same shall proceed to levy the amount for
the party in whose favour it may be adjudged by the process in use for the
recovery of arrears of the Government revenue : Provided, however, that he shall not sell any lands,
houses or other real property in satisfaction of any judgment passed in favour
of any individual on a summary inquiry. (iv)
In cases wherein possession of lands, houses,
water-course or the like may be adjudged, it may and shall be lawful for the
Collector making the award to deliver over possession in the same manner and
with the same powers in regard to all contempts, resistance and the like as are
or may be lawfully exercised by the Courts in giving possession to an
auction-purchaser; and the Zila [* * *][114]adalat
shall support the Collectors][115] in
the exercise of the above power, and shall give effect to any orders passed by
them in pursuance of it in the like manner as if the same had been passed by
themselves. (v)
Collectors][116]are
further hereby employed to place one or more peons, mirdahas, sawars, or the
like to aid in the maintenance of possession for the party to whom it may be
awarded, in case of his deeming such a measure necessary or expedient. (i)
First-It shall and may be lawful for a
Collector or other officer exercising the powers of Collector][117] preparatory
to making or revising a statement as aforesaid, depute any tahsildar, kanungo,
amin or other fixed or temporary officer to any village or mahal, whether the
same be managed by a zamindar or farmer or be held khas, to inqure into the
various matter which such Collector][118] or
other officer is required or empowered to investigate, in order to form
settlement in the mode prescribed by this Regulation. (ii)
Any such [119][*
* *] officer so deputed as above shall be deemed to be vested with the power of
summoning and examining patwaris, gumashtas or other persons by whom the
accounts of the village or mahal may be kept, in the same manner and with the
same powers, as is provided for officer deputed under Section 25, Regulation
12, 1817. (iii) Furthermore, in case the Collector][120] or
other officer may so prescribe, the said tahsildar or other person shall be
empowered to make a measurement of the village or mahal into which they may be
deputed, and to summon any mukaddams, pardhans, raiyats, or other residents,
and to call upon them to point out the boundaries of such village or mahal, and
to furnish information as to all matters relating to the land and the rights
and interest attaching thereto; and any person contumaciously withholding
information from an officer deputed as aforesaid shall be liable, on the same
being established to the Collectors satisfaction to the same penalty as is
prescribed for patwaris refusing to attend or give evidence. (iv)
Punishment of resistance or obstruction of
process or order of Collector.-Second.-Provided also that any person who may by
force or threat obstruct or resist the execution of any legal process,
requisition or order of a Collector[121] or
other Revenue Officer shall, in addition to the penalties prescribed by [122][any
other law] for such act, be liable to a fine exceeding two hundred rupees, or
to imprisonment in the Diwani jail for period not exceeding two months; the
said fine or other penalty to be adjudged by the Collector][123]after
proceeding duly held and recorded and sentence to be immediately reported to
the Board]12 which he may be subject. (v)
Police officers to aid execution of process
and orders of Collector.- Third.-Provided further that all police-officers
shall aid and support the execution of all process and orders issued by a
Collector or other Officer aforesaid, on the responsibility of the officer
issuing or executing the same; and if any affray or breach of the peace shall
occur in consequence of any resistance or obstruction behing made, or attempted
to be made, to the legal process or order of a Collector][124] or
other Revenue-officer, the parties resisting or obstructing such process or
order shall be punishable for the affiray or breach of the peace, and the
Revenue.-Officers shall not be liable to any criminal prosecution on that
account. No. other pleadings shall be required from the parties
in [125][suits the cognizance of
which is hereby vested in Collectors] other than a plaint and answer : Provided that, if the parties should at any time wish to
file an amended plaint or an amended answer, or any explanatory motion, such
subsidiary pleadings shall be received. It shall be competent to the Collectors to hear and
determine such suits in whatever part of the district they may occasionally be
or reside : Provided that every hearing and decision be in public
cutcherry or in some other place open to the public, and in the presence of the
parties or of their constituted agents or vakils if in attendance. (i)
First- The decisions of the Collectors on all
such suits shall be appealable to the Board of Revenue or other authority
exercising the powers of that Board. (ii)
Procedure on such appeal.-The petition of
appeal shall be presented either to the Collector or to the Board, at the
option of the party, [xxxxx][126] the
Board" shall not be required in ordinary cases to go into a regular
investigation of the merits, but shall be authorized to dismiss the appeal
without further investigation, in all cases in which, on a consideration of the
final rubakari of the Collector, they may not see ground to consider the
decision of that officer to be unjust, erroneous or doubtful, or his
proceedings in the case irregular or imperfect. (iii) When Board may direct new trial or interpose to correct
neglect or delay.-[x x x ][127]in
all cases in which the Collector may dismiss the suits for non-attendance; or
on some other ground of default, without an investigation of the merits of the
case, it shall be competent to the Board to direct a new trial, and, in cases
in which he may neglect or delay the investigaion or decision of a suit without
sufficient cause, it shall be competent to the Board to interfere, and to cause
the Collector to proceed upon the inquiry into and determination of it. (iv)
Pleadings required in appeals to
Board.-Second.-No pleadings, except the petition of appeal, shall be required
in such appeals, nor shall any fees be taken by the Board][128]on
the exhibits originally filed, or on any further documents which the Board may
think it necessary to call for. (v)
No mukhtarnama required for same agents re-employed.-Third.-If
the parties choose to employ in the pleadings of such appeals the same agent or
vakils who were previously employed by them in the original suits no further
mukhtarnama or vakalatnama shall be required of them. (vi)
Respondent to receive notice, but not
required to appear.-Fourth-The respondent shall receive notice of the appeal,
but shall not be compelled to appear in person or by vakil; and the appeal
shall be decided on the merits of the case, notwithstaning his absence in the
same manner as if he has attended. (vii) Board's decision how far final.-Fifth.-The decision of
the Board shall be final in as far as concerns the result of the summary
inquiry of the Collector][129] [*
* *][130]. (viii) But decision of Board and Collectors may be contested by regular
suit.-Sixth.-Any person, however, dissatisfied with the summary judgment of the
Collector or the Board and desirous of a more full and formal decision shall be
at liberty to prefer a regular suit to try the merits of the cases in the Zila
or other similar or superior Court in which it may be cognizable. (ix)
In such cases the summary judgment of the
Colector if not reversed or stayed by the Board shall be carried into effect
notwithstanding the institution of the regular suit. All persons having claims or complaints to prefer to the
nature of those made cognizable by Collector under the provisions of this
Regulations and not wishing to avail themselves of the summary process
authorized in that Court, shall be at liberty to institute their claims or
complaints, in the first instance, by a regular suit before the local Munsif,
or in the Zila * *][131] Adalat
* * *][132], according as the suit may
be cognizable in these Courts respectively [* * *][133]. First.-Whenever a regular suit may be instituted in a
Civil Court with a view to set aside or alter a summary judgment passed by a
Collector][134] the proceedings held
on the summary inquiry shall be called for by precept from the Court, and filed
on the record of the case.No such appeal cognizable by or referable to any
Munsif.-Second.-[* * *][135]Munsifs
shall, in cases tried by them, be held and bound by the decisions passed, and
records prepared, by Collectors[136] or
other Revenue Officers under the provisions of this Regulation, unless the same
shall have been rescinded or altered by the Board]12 or by the Zila or other similar or superior Court,
on a regular suit. The Collectors shall transmit to the [Board] such
periodical reports of the cases decided by, or depending before, them as
the [137][Board] may direct, and
the [138][Board] will also furnish [139][to
the [140][State] Government] such
abstracts of those report and such reports in the cases received and determined
by them in appeal, as the [141][State]
Government shall from time to time require. (i)
First- It shall be competent to Collectors or
other officers exercising the powers of Collectors][142] to
refer to arbitration any disputes cognizable by them under the provisions of
this Regulation, as well as any questions or disputes of any kind respecting
land of the tenures therein, or the reights dependent thereon, that may come
before them provided the parties consent to that mode of adjustment, and on
award being made, to cause the same to be executed. (ii)
Force of awards passed on such reference.-In
referring cases to arbitraton under the above provision, and in their general
proceedings relative to such suits, the Collectors[143] [*
* *][144] shall
be competent to vest in the arbitrations the same powers and authority in regard
to the summoning and examination of witnesses, and the administration of oaths][145] and
to enforce the orders passed by the arbitrators under such powers, in the same
manner as the Court of judicature are empowered to do; and all awards made on such
references shall, when confirmed by the Collector, have the same force and
validity as a regular decree of the Adalat, and shall not be liable to be
reversed or altered, unless the award shall be open to impeachment on the
ground of corruption or gross partiality or shall extend beyond the authority
given by the submission of the parties; and such ground of impeachment shall be
established in a regular suit in the Zila, [* *][146] or
other superior Courts wherein the case may be cognizable. (iii) Matter of arbitrament to be distinctly specified in
Collector's proceedings.-Second.-In referring any dispute to arbitration, the
Collector shall be careful to specify in his proceedings, and in the deed of
arbitration to be executed by parties, the precise matter submitted to the
arbitrators; and if the award first made by the arbitrators shall not include
all the points submitted to them, or shall be otherwise incomplete; it shall be
competent to the Collector again to refer the matter to them, with directions
to prefect their award. (iv)
Kanungos and tahsildars may be employed as
arbitrators.-Third.-The pargana kanungos and tashildars may be appointed
arbitrators in any case referred to arbitration under the above Rules; anything
in the existing Regulations notwithstanding. (i)
First.-When a Collector or other Officer
exercising any of the powers vested in Collectors by the rules of this
Regulation, relative to complaints of dispossession or distubrance of the
possession of lands or premises, shall learn, either by reference from the
Magistrate, or by a report from any other public officer or otherwise, that any
dispute exist within the tract placed under his jurisdiction relative to any
lands, premises, crops, orchards, pasture-grounds, fisheries, wells,
water-courses, tanks, reservoirs or the lake, likely to terminate in a breach
of the peace, it shall and may be lawful for the Collector or other officer
aforesaid to require the contending parties to attend in person or by
representative at a stated time and place, after investigating the case in the
presence of the parties or their representatives, or such of them as may
attend, or referring it to arbitration as above prescribed, to decide the case
in the same manner as if it had been brought before him by the complaint of one
of the parties; (ii)
and to give possession to one of the
contending parties.-Provided also that, if the fact of previous lawful
possession cannot be ascertained, it shall be competent to the Collector,
subject to the orders and direction of the Board to decide on the question of
right, and to give possession to one of the contending parties, leaving the
other party to contest the decision by a regular suit in Court; but no such
decision shall be passed by any Collector until he shall have instituted a
careful inquiry into the fact of possession, and the Board shall be careful to
see that this restriction is observed. (iii) Collector may attach disputed lands, etc.-Provided
further that in such cases it shall be competent to the Collector to attach the
disputed lands, premises, etc., aforesaid, and to apoint an officer to the
management of the same, retaining in deposit the rents and produce or such
portion thereof as may remain after discharging any public revenue demandable
therefrom, with the charges of management, until one of the contending parties
shall be placed in possession. (iv)
Reference of disputes by Magistrates to
Collector.-Second.-Whenever any Magistrate or Joint Magistrate shall have
before them any suit, complaint to information relative to any dispute
regarding lands premises, crops, water-course or the like, which may appear
likely to terminate in a breach of the peace, or which it may otherwise be desirable
to bring to an immediate decision, it shall be the duty of such Magistrate or
Joint Magistrate, in case in which the Collector shall be vested with the
cognizance of such actions, to certify the case to that officer, and the
Collector will then forthwith proceed to investigate and determine the case
under the rules above prescribed : Provided also that, in all cases of forcible
dispossession or forcible disturbance of possession, the Collector shall
invariably transmit to the Magistrate or Joint Magistrate a copy of the first
proceeding held by him in the case and also a copy of the rubakari containing
his final award. (v)
Collector to encourage
arbitration.-Third.-The Collector shall in all such cases use every proper
means for inducing the parties to refer their disputes to arbitration, in like
manner as the Diwani Courts are directed to do. (i)
Whenever the term "Board of
Revenue" [* * *][147] may
occur in this or any other Regulation, the same shall be held and considered to
apply to any Board Committee or Commission, and to any member of such Board,
committee or commission, that may be vested by the [148][State]
Government with the powers and authority of the Board of Revenue, save and
except in so far as may be otherwise specifically declared and provided. (ii)
Rules regarding Collectors to apply to
Officer exercising authority of Collector.-In like manner, all Rules in this or
any other Regulation, whereby any duties or powers may be prescribed for, or
vested in, Collectors shall beheld and considered to be equally applicable to
any officer exercising the authority of Collector under the orders or with the
sanction of the [149][State]
Government. [1] ?This Short title
was given by Act 1 of 1903, Schedule I. [2] The words ?Provinces? shall stand undefined, see para 3
and Schedule VI of the ALO. [3] i.e., the 1st September, 1822. [4] Burthen : Archac from of Burden.-Ed. [5] i. e., the 2nd September, 1822. [6] The Words ?the district of Gorakhpur, the chakla of
Azamgarh, "Repealed by Act 1 of 1903. [7] ?Portion relating to
?the Conquered Provinces? and the Provice of Bundelkhand Repealed by ibid. [8] The words ?from the date of their promulgation, throughout
the ceded and Conqured Provinces, Repealed by Act 1 of 1903. [9] Repealed by Act 16 of 1874. [10] Formal words repealed by Act 16 of 1874 are omitted. [11] Substituted by Schedule II of Act 1 of 1903 for as
?aforesaid?. [12] For the execise of the functions of Collectors by other
officers, see Section 35. [13] For the execise of the functions of Collectors by other
officers, see Section 35. [14] Substituted by ALO. [15] For the execise of the functions of Collectors by other
officers, see Section 35. [16] For the execise of the functions of Collectors by other
officers, see Section 35. [17] The words ?by an Order in Council, in the orginal text,
are to be read as if the words ?by Notification in the Local Official Gazette?
were substituted therefor-see Act 1 of 1903, Schedule II. [18] The words ?by an Order in Council, in the orginal text,
are to be read as if the words ?by Notification in the Local Official Gazette?
were substituted therefor-see Act 1 of 1903, Schedule II. [19] The words ?by an Order in Council, in the orginal text,
are to be read as if the words ?by Notification in the Local Official Gazette?
were substituted therefor-see Act 1 of 1903, Schedule II. [20] Substituted by ALO. [21] The words ?by an Order in Council, in the orginal text,
are to be read as if the words ?by Notification in the Local Official Gazette?
were substituted therefor-see Act 1 of 1903, Schedule II. [22] Substituted by ALO. [23] Substituted by ALO. [24] The words ?by an Order in Council, in the orginal text,
are to be read as if the words ?by Notification in the Local Official Gazette?
were substituted therefor-see Act 1 of 1903, Schedule II. [25] Substituted by ALO. [26] Substituted by ALO. [27] Substituted by ALO. [28] Substituted by ALO. [29] For the execise of the functions of Collectors by other officers,
see Section 35. [30] For the present constitutions and powers of the Board of
Revenue, see B. & O. Act of 1913. [31] The words ?by an Order in Council, in the orginal text,
are to be read as if the words ?by Notification in the Local Official Gazette? were
substituted therefor-see Act 1 of 1903, Schedule II. [32] Substituted by ALO. [33] The words ?by an Order in Council, in the orginal text,
are to be read as if the words ?by Notification in the Local Official Gazette?
were substituted therefor-see Act 1 of 1903, Schedule II. [34] ?Substituted by A.
O. for ?Local Official Gazette?. [35] Clause First Repealed by Act 1 of 1903. [36] For an explanation of the rules in Section 5 as to
malikana, see Ben. Reg. 9 of 1833. [37] The words ?of Commissioners? Repealed by Act. 16 of 1874. [38] The words ?of Commissioners? Repealed by Act. 16 of 1874. [39] Substituted by ALO. [40] The words ?of Commissioners? Repealed by Act. 16 of 1874. [41] The words ?of Commissioners? Repealed by Act. 16 of 1874. [42] The words ?of Commissioners? Repealed by Act. 16 of 1874. [43] For the execise of the functions of Collectors by other
officers, see Section 35. [44] Substituted by the AO for the words ?sanctioned by Govt.? [45] Substituted by ALO. [46] The words ?of Commissioners? Repealed by Act. 16 of 1874. [47] The words ?by the Native Governments or otherwise?
Repealed by ALO. [48] The words ?the district of Gorakhpur, the chakla Azamgarh?
Repealed by Act 1 of 1903. [49] For the execise of the functions of Collectors by other officers,
see Section 35. [50] Substituted by ALO. [51] Substituted by the AO for the words ?sanctioned by Govt.? [52] Substituted by ALO. [53] Substituted by ALO. [54] ?Substituted by AO
for the words ?local Official Gazette?. [55] ?Substituted by ALO
for the word ?Crown?. [56] For the execise of the functions of Collectors by other
officers, see Section 35. [57] Substituted by ALO. [58] Substituted by ALO. [59] For the execise of the functions of Collectors by other
officers, see Section 35. [60] Substituted by Schedule II of Act 1 of 1903, for ?Boards?. [61] For the execise of the functions of Collectors by other
officers, see Section 35. [62] For the execise of the functions of Collectors by other
officers, see Section 35. [63] For the execise of the functions of Collectors by other
officers, see Section 35. [64] For the execise of the functions of Collectors by other
officers, see Section 35. [65] Substituted by Schedule II of Act 1 of 1903, for ?Boards?. [66] For the execise of the functions of Collectors by other
officers, see Section 35. [67] Substituted by ALO. [68] The word ?of Commissioners? Repealed by Act 16 of 1874. [69] For the execise of the functions of Collectors by other
officers, see Section 35. [70] ?Substituted by
Schedule II of Act 1 of 1903, for ?Regulation?. [71] For the partial repeal of Section 14 by Ben. Reg. 9 of
1833, Section 3. [72] Substituted by AO for the words ?officers of the Govt.? [73] The words? or Provincial? Repealed by Act 16 of 1874. [74] The words? or Provincial? Repealed by Act 16 of 1874. [75] The words ?according to the value of the interest at
stake? Repealed by ibid. [76] Substituted by ALO. [77] The words? or Provincial? Repealed by Act 16 of 1874. [78] Substituted by Schedule II of Act 1 of 1903, for the word
?Boards?. [79] Substituted by ALO for the words ?officers of Govt.?. [80] ?Substituted by ALO
the word ?Crown?. [81] For the execise of the functions of Collectors by other
officers, see Section 35. [82] Substituted by ALO for the words ?officers of Govt.?. [83] ?Substituted by
Para. 4 (1) of the ALO for the word ?Provincial?. [84] ?Substituted by
Para. 4 (1) of the ALO for the word ?Provincial?. [85] For the execise of the functions of Collectors by other
officers, see Section 35. [86] The word ?of Commissioners? Repealed by Act 16 of 1874. [87] For the execise of the functions of Collectors by other
officers, see Section 35. [88] For the execise of the functions of Collectors by other
officers, see Section 35. [89] For the execise of the functions of Collectors by other
officers, see Section 35. [90] For the present constitutions and powers of the Board of
Revenue, see B. & O. Act of 1913. [91] ?Substituted by AO
for the words ?of Govt.? [92] For penalty on landholders for not attending when summoned
by the Collectors, see Act 20 of 1818. [93] For the execise of the functions of Collectors by other
officers, see Section 35. [94] For the execise of the functions of Collectors by other
officers, see Section 35. [95] The words ?the Government, by an Order in Council, in the
original text, are to beread as if the words ?the Local Government, by
notification in the local Official Gazete?, were substituted therefor-see Act 1
of 1903, Schedule II. [96] For the execise of the functions of Collectors by other
officers, see Section 35. [97] For the execise of the functions of Collectors by other
officers, see Section 35. [98] Substituted by AO for ?Local Official Gazette?. [99] Substituted by ALO. [100]
The Word ?he? in the orginal text is to be read as if the
word ?it? were substituted therefor- see Act 1 of 1903, Schedule II. [101]
For the present constitutions and powers of the Board of
Revenue, see B. & O. Act of 1913. [102] ?The words ?or City? Repealed by Act 16 of
1874. The words ?or city?, Repealed by Act
16 of 1874 [103]
Substituted by AO for the words ?Local Official Gazette?. [104]
Substituted by ALO. [105]
For the execise of the functions of Collectors by other
officers, see Section 35. [106]
For the execise of the functions of Collectors by other
officers, see Section 35. [107]
For the execise of the functions of Collectors by other
officers, see Section 35. [108]
Substituted by ALO. [109]
Substituted by Act 1 of 1903, Schedule II for ?other
Regulation.? [110]
Substituted by ALO. [111]
Substituted by Act 1 of 1903, Schedule II for ?other
Regulation.? [112]
Substituted by Act 1 of 1903, Schedule II, for the
existing Regulations?. [113]
Substituted by Act 1 of 1903, Schedule II, for the
existing Regulations?. [114]
Repealed by Act 10 of 1859. [115]
For the execise of the functions of Collectors by other officers,
see Section 35. [116]
For the execise of the functions of Collectors by other
officers, see Section 35. [117]
For the execise of the functions of Collectors by other
officers, see Section 35. [118]
For the execise of the functions of Collectors by other officers,
see Section 35. [119]
Substituted by Act 1 of 1903, Schedule II for ?such
suits?. [120]
For the execise of the functions of Collectors by other
officers, see Section 35. [121]
For the execise of the functions of Collectors by other
officers, see Section 35. [122]
Substituted by Act 1 of 1903, Schedule II, for the
existing Regulations?. [123]
For the execise of the functions of Collectors by other
officers, see Section 35. [124]
For the execise of the functions of Collectors by other
officers, see Section 35. [125]
?The words ?and
shall be written on stamped paper of the value of two rupees? Repealed by Act
12 of 1876. [126]
?The words ?and
shall be written on stamped paper of the value of two rupees? Repealed by Act
12 of 1876. [127]
The words ?as to limitation? which were repealed by Act 1
of 1903, are omitted. [128]
For the present constitutions and powers of the Board of
Revenue, see B. & O. Act of 1913. [129]
For the execise of the functions of Collectors by other
officers, see Section 35. [130]
The words ?and shall be rendered in a Persian rubakari,
written on stamped paper of the value of two rupees, have been omitted: the
words ?Persian? was repealed by Act 16 of 1874, and the remaining words were
repealed by Act 12 of 1876. [131]
The words ?or Provincial Court of the Division? Repealed
by ibid. [132]
The words ?under-the General Regulations for the
administration of civil justice,? Repealed by ibid. [133]
The words ?registers sadar amins and,? Repealed by Act 16
of 1874. [134]
For the execise of the functions of Collectors by other
officers, see Section 35. [135]
The words ?registers sadar amins and,? Repealed by Act 16
of 1874. [136]
The words ?or Provincial Court of the Division? Repealed
by ibid. [137]
For the present constitutions and powers of the Board of
Revenue, see B. & O. Act of 1913. [138]
Substituted by Act 1 of 1913, Schedule II, ?for Boards?. [139]
?Substituted by ALO
for ?to Govt?. [140]
?Substituted by ALO
for ?to Govt?. [141]
Substituted by ALO. [142]
For the execise of the functions of Collectors by other
officers, see Section 35. [143]
For the execise of the functions of Collectors by other
officers, see Section 35. [144]
The words and figure ?shall be guided by the rules
contained in Regulation 16,1793, and the other correspondeing enactment and in
Regulation 6 of 1873, in so far as the same be applicable, and? "Repealed
by Act 16 of 1874. [145]
As to oaths, see Act 10 of 1878. [146]
?The word ?City?,
Repealed by Act 1 of 1903. [147]
The word 'or Board of Commissioners' "Repealed by Act
1 of 1903. [148]
Substituted by ALO. [149]
Substituted by ALO.THE BENGAL LAND-REVENUE
SETTLEMENT REGULATION, 1822
PREAMBLE