Bengal Land-Revenue (Settlement And Deputy Collectors) Regulation, 1833
The Bengal Land-Revenue (Settlement And Deputy Collectors) Regulation, 1833
Bengal Regulation 9 of 1833
[9th September, 1833.]
A Regulation to modify certain portions of Regulation 7 of 1822 [* * *] to provide for the more speedy and satisfactory decision of judicial questions cognizable by officers of revenue employed in settlements under the above [Regulation]; for enforcing the production of the village accounts; for the [appointment of Deputy Collectors] in the Revenue Department; and to declare the intent of section 5, Regulation 7 of 1822, touching claims to malikana.
1. Preamble. - Experience having demonstrated the expediency of modifying certain enactments of Regulation 7 of 1822 [* * *], also of providing a more speedy and satisfactory mode of deciding such judicial questions as may be cognizable by officers of the Revenue Department under [that Regulation] and of declaring the intent of the rules regarding malikana promulgated by section 5, Regulation 7 of 1822; it having been found expedient likewise that measures should be adopted for enforcing the production of the village-accounts, and for rendering them accessible to all persons concerned having occasion to examine them; also that [persons] of respectability should be employed in more important trusts connected with the revenue- administration; the following provisions have been enacted, to be in force from the date of their promulgation.
2. Repeal of provisions of Regulation 7 of 1822, as to mode of determining jama to be demanded from mahal. - Repealed by Act 1 of 1903.
3. Repeal of provisions of Regulation 7 of 1822 as to investigation of claims simultaneously with determination of Government. - Repealed by Act 1 of 1903.
4. Repeal of parts of the Bengal Land-revenue Settlement Regulation, 1828 (4 of 1828). - Repealed by Act 16 of 1874.
The [State Government] will hereafter determine the order in which the above matters shall be respectively disposed of.
5. When Collector making settlements considers arbitration necessary, he may fix period for production of a ward. - In addition to section 33, Regulation 7 of 1822, it is hereby enacted that whenever any judicial question may be depending before a Collector or other officer employed in making settlements under the provisions of Regulation 7 of 1822, in which the interests of justice may, in the opinion of such officer, require that the case be decided by arbitration, it shall be lawful for him to fix, under the instructions with which he may be furnished by the superior Revenue-authorities, a period within which the parties must produce the award.
6. When Collector may summon panchayat. - In that case, if the parties shall refuse or neglect to produce such award within the term limited, it shall be lawful for the Collector or other officer to summon a panchayat, to be composed of three or five impartial and otherwise competent persons of good repute for the trial of the matter at issue.
7. Procedure of panchayat. - After duly considering the statements and evidence offered by the parties, or, in case of the default or recusance of either, the statements and evidence produced by the party in attendance, the panchayat shall declare their opinions, and judgment shall be recorded according to the sentence of the majority.
The superior Revenue-authorities will from time to time issue such rules of practice for the guidance of the officers employed on this duty, or the panchayats, as they may consider necessary.
8. Bar of appeal - submission to second panchayat. - No appeal shall be allowed from such decisions, which shall be immediately executed and maintained, unless the Commissioner, subject to the control of the [* * * *], Board of Revenue should think proper, for any special reason, to direct that the case shall be submitted to another panchayat for decision.
9. Non-suit of suit to set aside decision. - Any suit brought before any Court of Justice to set aside a decision made in conformity with the above rules shall be non-suited with costs.
10. Also suits against arbitrators. - In like manner any suit brought before any Court of Justice against the arbitrators, collectively, or individually appointed in conformity with the rules prescribed, to recover from them the value of the property lost by the decision founded on their award, shall be non-suited with costs.
11. Intention of rules as to malikana in section 5, Regulation 7, 1822. - It is hereby declared that the rules concerning malikana contained in section 5, Regulation 7 of 1822, were intended , to have a prospective effect only, and to be applicable solely to settlements made under that Regulation, and to recusance tendered at the completion of such settlements.
12. Village accounts. - It is further enacted that the village-accounts which are required to be kept in such manner and form as has heretofore been the custom, or in such other mode as may hereafter be prescribed by the [Board] of Revenue shall be prepared in duplicate sets-one for deposit in the office of patwari, and one for deposit in the office of Collector of the district in which the respective estates or tenures may be situated, and, wherever the office of a kanungo may be established, a third copy shall be prepared and deposited in that office.
13. Accounts to be furnished according to directions of Board. - The several accounts required for deposit in the pargana and Zila Revenue-offices, as above stated, instead of being delivered at the expiration of every six months, as prescribed by the rules at present in force, shall be furnished in such mode and at such periods as the [Board] may direct.
They shall be open to the inspection of every person concerned desirous of examining them.
14, 15. Penalties to landholders for not conforming to rules regarding village accounts. - Repealed by Act 10 of 1859.
16. Appointment of Deputy Collector. - It shall be competent to the [State Government] to appoint to any revenue-jurisdiction a Deputy Collector, with the powers hereinafter specified.
17. Persons eligible to office, and how appointed. - Repealed by Act 10 of 1914.
18. Monthly allowance how fixed, and susceptible of increase. - Repealed by Act 10 of 1914.
19. Solemn declaration to be made by Deputy Collectors. - Repealed by Act 10 of 1873.
20. Subordination of Deputy Collectors. - The Deputy Collectors appointed under this Regulation are to be in all respects subordinate to the Collector under whom they may be placed, and are required to perform all duties assigned to them by that functionary.
21. Duties in which Collectors may employ them. - It will be at the discretion of the latter officer to employ them in settlement-duties under the provisions of Regulation 7, 1822, in the superintendence of the Government khas mahals, and generally in the transaction of any other part of the duties of a Collector.
22. Their proceedings how recorded and how appealable. - All proceedings held by a Deputy Collector appointed under this Regulation shall be recorded in his own name and on his own responsibility, subject to the revision and control of the Collector and appealable to the superior authorities in the usual course.
23. Collector may resume duties committed to Deputy. - Provided always that the Collector is competent to resume the duties which he may have committed to the Deputy, assigning his reasons for so doing for the information of the Commissioner .
24. Interference by Commissioners with arrangements of Collectors for employment of Deputies. - Provided also that the Revenue Commissioners, whenever they think proper, may interfere with any arrangements made by the Collectors for the employment of the Deputies, or the distribution of business to be assigned to those functionaries, subject to the general control vested in the [* * *] Board of Revenue or the [State Government], as the case may be.