The Bengal Alluvial Land Settlement Act, 1858.
Bengal Act 31 of 1858
[24th August, 1858.]
An Act to make further provision for the settlement of land gained by alluvion in the Presidency of Fort William in Bengal.
Preamble. - Whereas for the removal of doubts respecting the course proper to be followed in the settlement of land added by alluvial accession to estates paying revenue to Government, it is expedient to lay down certain rules to be observed in the settlement of such land; It is enacted as follows:-
1. Addition of revenue assessed upon alluvial land to Jama of Original estate. When separate settlement to be made. - When land added by alluvial accession to an estate paying revenue to Government becomes liable to assessment, if it be so agreed on between the Revenue-authorities and the proprietor or proprietors, the revenue assessed upon the alluvial land may be added to the jama of the original estate; and in such case a new engagement shall be executed for the payment of the aggregate amount, and that amount shall be substituted in the Collector's rent-roll for the former jama of the original estate.
If the proprietor or proprietors object to such an arrangement, or if the Revenue-authorities are of opinion that a settlement of the alluvial land cannot properly be made for the same term as the existing settlement of the original estate, the alluvial land shall be assessed and settled as a separate estate with a separate jama, and shall thenceforward be regarded and treated as in all respects separate from and independent of the original estate, whether the separate settlement be made with the proprietor or proprietors or the land be let in farm in consequence of the refusal of the proprietor or proprietors to accept the terms of settlement.
The separate settlement may be permanent, if the settlement of the original estate is permanent.
2. Rights of under-tenants in alluvial land. - Nothing contained in the preceding section shall effect the rights of any under-tenant in any alluvial land under the provisions of clause 1, section 4, Regulation XI, 1825.
It shall be the duty of all officers making settlements of such land, whether the land be settled separately or incorporated with the original estate, to ascertain and record all such rights according to the rules prescribed in Regulation VII, 1822; and to determine whether any and what additional rent shall be payable in respect of the alluvial land by the person or persons entitled to any under-tenure in the original estate.
The provisions of the said Regulation, so far as the same may be applicable, are hereby declared to extend to all settlements made under this Act.
3. [Separate settlements heretofore made; saving of right.] - Rep. by Act 1 of 1903.