#THE CENTRAL PROVINCES LAND-REVENUE ACT, 1881 
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##ARRANGEMENT OF SECTIONS 
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PREAMBLE. 

**PART I**
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##CHAPTER I. 

###PRELIMINARY 

SECTIONS. 
1. Short title. 
    Local extent. 
    Commencement. 
2. Enactments repealed. 
3. Pending proceedings. 
4. Interpretation-clause. 
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**PART II**
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##CHAPTER II. 

###OF REVENUE-OFFICERS: THEIR POWERS AND PROCEDURE. 

5. Chief Controlling Revenue-authority. 
6. Revenue-officers. 
7. Appointment, suspension and removal of Commissioners, Deputy and Assistant Commissioners. 
8. Appointment, suspension and removal of Tahsildars and Naib Tahsildars. 
9. Persons holding office when Act comes into force. 
10. Power to appoint additional Commissioners, Deputy Commissioners and Tahslldars. 
11. Chief Commissioner may invest Assistant-Commissioner with powers of Deputy Commissioner. 
12. Officers transferred to retain powers with which they were invested. 
13. Provision for discharge of duties of Deputy Commissioner dying or being disabled. 
14. Chief Commissioner may alter limits of district or tahsil. 
15. Power to invest Revenue-officers, — 
  with power conferred by Code of Civil Procedure; 
  with power to delegate powers. 
16. Power of Deputy Commissioners to distribute work. 
17. Power of superior Revenue-authorities to withdraw and transfer cases. 
18. Power of Revenue-officers to enter on land, &c. 
19. Power to make rules to regulate procedure. 
20. Persons by whom appearances and applications may be made before and to Revenue-officers. 
  Obligation of parties to attend in person. 
21. Legal practitioner's or agent's fees not allowed unless for special reasons. 
22. Appeals. 
23. Limitation of appeals. 
24. Powers of revision of Commissioner and Deputy Commissioner. 
25. Powers of revision or Chief Commissioner. 
26. Review of orders. 
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**PART III.**

###OF SURVEY AND SETTLEMENT. 
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##CHAPTER III. 

###PRELIMINARY. 

27. Notification of revenue-survey. 
  Effect thereof. 
28. Notification of settlement. 
  Power to amend notification. 
29. Power to appoint Settlement-officers; 
  and to suspend and remove them. 
30. Settlement-officer may be invested with powers of Deputy Commissioner. 
31. Certain provisions of Chapter II applied to Settlement-officers. 
32. Appointment of Settlement-commissioner; 
  delegation to him of Chief Commissioner’s powers. 
33. Power to invest Settlement-officers with Civil Court powers. 
34. Chief Settlement-officer to have powers of Deputy Commissioner. 
35. Appeals in suits specified in section 33 when to lie to Chief Settlement-officer. 
36. Division of civil work between Settlement-officers and ordinary Courts. 
37. Provisions of section 31 not to apply to certain suits. 
38. Appeal, reference and revision. 
39. Duration of settlement-operations. 
  Cases pending at close of settlement-operations. 
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##CHAPTER IV. 

###OF DEMARCATlON. 

*Unowned Lands.*

40. Settlement-officer to invite claims to lands appearing to have no owner. 
41. Application of Act XXIII of 1863. 
42. Procedure when limited right over land established. 

*Mahals.*

43. Power to form mahals. 

*Excluded Lands.*

44. Settlement-officer may exclude any town or land from settlement-operations. 

*Boundary-marks.*

45. Erection of new, and repair of existing, boundary-marks. 

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##CHAPTER V. 

###OF THE ASSESSMENT OF LAND-REVENUE. 

46. Separate sum to be assessed on every mahal. 
  Progressive assessments. 
47. Matters as to which Chief Commissioner is to instruct settlement-officer. 
48. What land taken into account in assessing mahal. 
49. Assessment to whom to be offered. 
50. Sub-settlement to be made with inferior proprietors when settlement is made with superior. 
51. Power to give directions as to payment of certain profits of superior proprietors. 
52. Power to make rules for reporting assessment for sanction. 
53. Offers of assessment to be made subject to revision and confirmation. 
54. Option to accept or refuse assessment. 
  Mode of acceptance. 
55. Proprietor not accepting in manner prescribed may be deemed to have accepted. 
56. Effect of acceptance of assessment. 
  Assessment may be rescinded by Chief Commissioner; 
  or by Governor General in Council. 
  Malguzars may object to continuance of assessment beyond term of settlement. 
57. Procedure when assessment is refused. 
58. Procedure when only some proprietors accept assessment. 
59. Procedure on refusal of assessment in village in which superior and inferior rights co-exist. 
60. Procedure on refusal of assessment by inferior proprietors. 
61. Allowance to excluded proprietors. 
62. Excluded proprietors to have occupancy-rights in their sir-land. 
63. Aggregate amount of allowance granted to, and deduction from rent allowed to, excluded 
  proprietor. 
64. Sub-settlement with malik-makbuzas and other like holders of land. 
65. Revenue payable under sub-settlement to be first charge on land. 
66. Settlement-officer to apportion assessment over lands held in severalty. 
67. To redistribute land according to custom. 
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##CHAPTER VI. 

###OF CERTAIN INVESTIGATIONS BY THE SETTLEMENT-OFFICER AND THE PREPARATION OF THE RECORD-OF-RIGHTS. 

68. Settlement-officer to ascertain proprietors. 
69. To determine extent of sir-land. 
70. To decide disputes among shareholders regarding management of mahal. 
71. To determine through what lambardars revenue shall be paid. 
72. To ascertain status and rents of tenants. 
73. Enquiry into claims to hold free from revenue as against Government. 
  Power of Chief Commissioner to make rules. 
74. Enquiry as to claims to hold free from revenue as against malguzars. 
  Chief Commissioner may make rules for disposal of such cases. 
75. Time from which orders under sections 73 and 74 take effect. 
76. Settlement-officer to decide what village-cesses are leviable. 
77. to determine certain disputes. 
78. Procedure in cases under sections 68,69,70,72 and 77, clauses (b), (c) and (d). 
79. Record-of-rights. 
80. Chief Commissioner may make rules regarding record-of-rights. 
81. Record-of-rights to be made over to Deputy Commissioner. 
82. Effect of entries in record-of-rights. 
83. Suits to contest certain settlement decisions or entries. 
84. Revision of record-of-rights by Chief Commissioner. 
85. Proceedings regarding lands the property of Government. 
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##CHAPTER VII. 

###OF SETTLEMENTS MADE BEFORE THIS ACT COMES INTO FORCE. 

86. Former settlements deemed to have been made under this Act. 
87. Effect of awards of proprietary rights at such settlements. 
88. When suits for proprietary rights will lie in Civil Courts. 
89. Chief Commissioner may allot waste-land to malik-mak-buzas entitled thereto. 
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**PART IV.**

###OF REVENUE-ADMINISTRATION. 
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##CHAPTER VIII. 

###OF THE COLLECTION OF LAND REVENUE. 

90. Power of Chief Commissioner to regulated payment of land-revenue. 
91. “Arrear.” 
  “Defaulters.” 

*Realization of Revenue from Malguzars.*

92. Tahasildar’s statement of account to be conclusive evidence of arrear. 
93. Notice of demand. 
94. Processes for recovery of arrears. 
95. Arrest and imprisonment for recovery of arrear. 
96. Imprisonment of defaulter in civil jail. 
97. Procedure in sales of moveable property. 
98. Management of mahal, share of land attached under section 94(c). 
99. Effect of attachment. 
100. Profits of land how applied. 
101. Attachment when to cease. 
102. Transfer under section 94(d). 
   Joint and several liability not affected by transfer. 
103. Procedure after receipt of sanction to annulment of settlement. 
104. Case of a portion of a mahal being managed or farmed. 
105. Settlement on expiry of management or farm. 
106. Effect of annulment of settlement. 
107. Saving of rights in sir-land. 
108. Nature of estate taken by purchaser of land sold for arrears due thereon. 
109. Rules for sale of immoveable property. 
110. Pre-emption at sales. 
111. Application of proceeds of sale of immoveable property. 
112. Costs recoverable as part of arrear. 
113. Matters as to which Chief Commissioner may make rules. 
114. Remedies open to person denying that sum demanded as an arrear is due. 

*Realization of Revenue by Malguzars.*

115. Limitation of right to set-off, &c., in suit for arrears. 
116. Recovery of arrear through Deputy Commissioner instead of by suit. 
117. Saving of right of malguzar to demand revenue of land assessed to revenue and held free. 
118. Limitation in suits for revenue. 

*Interest on Arrears.*

119. Interest on arrears. 

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##CHAPTER IX. 

###OF REVENUE AND VILLAGE RECORDS. 

120. Correction of record-of-rights. 
121. Revision of record in accordance with provision therein contained. 
122. Powers of Deputy Commissioner as to correction of entry or revision of record. 
123. Power to direct that rule or custom entered in record-of-rights shall be enforced by Government. 
  Punishment of violation of such rule or custom. 
124. Suit to set aside proceedings under section 123. 
125. Powers of Chief Commissioner as to registration of changes after preparation of record-of-rights. 
126. Possession of proprietary rights to be notified. 
  Notice to be given by guardian in case of minority or idiotcy. 
127. Fine for neglect to give notice of possession. 
128. Obligation to aid in preparation of village-papers. 
129. Fees for recording changes; 
  from whom leviable. 
130. Annual enquiry regarding land held free from revenue. 
  Procedure on breach of conditions of grant. 
  Procedure on expiry of term of grant. 
131. Inspection of revenue-records. 
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##CHAPTER X. 

###OF CERTAIN ADDITIONAL POWERS AND FUNCTIONS OF REVENUE-OFFICERS. 

132. Purposes  for  which,  when  settlement  is  not  in  progress,  Deputy  Commissioner  shall  exercise 
  Settlement-officers’ powers. 
133. Purposes for which officers may be invested with Settlement-officers’ powers. 
134. Cognizance of, and penalty for, offence of injuring boundary-marks. 
135. Procedure when person injuring cannot be found. 
136. Partition of a mahal into two mahals. 
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##CHAPTER XI. 

###VILLAGE-OFFICERS AND PATWARIS. 

137. Power to make rules as to officers. 
138. Duties of lambardars. 
139. Lambardars may recover fees and other charges from proprietors. 
140. Deputy Commissioner may alter channel through which malik-makbuza pays revenue. 
  Effect of order for payment of revenue direct to Government. 
141. Duties of mukaddams. 
142. Liabilities imposed by law on landholders to attach to mukaddams. 
143. Power of mukaddams to recover certain expenses incurred. 
144. Chief Commissioner may make rules as to patwaris. 
145. Chief Commissioner may make rules for guidance of Deputy Commissioner in certain matters. 
146. Chief Commissioner may define duties of patwaris. 
  Patwaris’ papers to be public documents. 
147. Patwaris to produce papers for inspection, and to allow copies to be made. 
148. Existing officers confirmed. 
149. Lambardars’ and other officers’ dues recoverable as arrears. 
150. Holders of sir-land in Sambalpur to provide for remuneration of mukaddams. 
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**PART V.**

##CHAPTER XII. 

###MISCELLANEOUS. 

151. Right to mines and quarries. 
152. Exclusive jurisdiction of Revenue-authorities. 
  Matters excepted from jurisdiction of Civil Courts. 
153. For what village-cesses suit lies. 
154. Limitation of claims for composition in case of waste-land demarcated as property of Government. 
155. Restriction on Revenue and Settlement-officers trading and holding land. 
156. When mahal managed or farmed, or upon proclamation under section 98 or 103, rent payable to 
  Deputy Commissioner. 
  Payment to proprietor in anticipation of due date. 
157. Recovery of balances due by farmers. 
158. Recovery of revenue due when Act comes into force; and of money payable under Act. 
159. Past proceedings for collection of revenue legalized. 
160. Chief Commissioner may empower persons by name, or confer powers on classes. 
161. Chief Commissioner may vary or cancel orders. 
162. Chief Commissioner may make rules and attach penalty to breach thereof. 
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SCHEDULE—ENACTMENTS REPEALED. 



 

#THE CENTRAL PROVINCES LAND-REVENUE ACT, 1881 

##ACT NO. XVIII OF 1881 

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PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL. 

*(Received the assent of the Governor General on the 8th June,* 1881.) 
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An Act  to  consolidate  and  amend  the  law  relating  to  Land-revenue  and  the  powers  of 
  Revenue-officers in the Central Provinces. 

**Preamble.**  WHEREAS  it  is  expedient  to  consolidate  and  amend  the  law  relating  to 
Land-revenue and to the powers of Revenue-officers in the Central Provinces; It is hereby enacted 
as follows: — 

**PART I.**
_______ 

##CHAPTER I. 

###PRELIMINARY. 

1. **Short title.**— This Act may be called “The Central Provinces Land-revenue Act, 1881”: 

  **Local extent.** It extends to all the territories for the time being under the administration of the Chief 
Commissioner  of  the  Central  Provinces,  except  those  specified  in  Part  VI  of  the  first  schedule  of  the 
Scheduled Districts Act 1874: 

  **Commencement.**  and  it  shall  come  into  force  on  such  day  as  the  Chief  Commissioner,  with  the 
previous  sanction  of  the  Governor  General  in  Council,  may  direct  by  notification  in  the  local  official 
Gazette. 

2. **Enactments repealed.**—On and from such day the enactments mentioned in the schedule hereto 
annexed, so far as they relate to the territories to which this Act extends, and all other rules, regulations and 
enactments relating to the settlement and collection of the land-revenue in such territories, shall be repealed. 

3. **Pending proceedings.**—All proceedings relating to matters dealt with by this Act and, when 
this Act comes into force, pending before officers by whom they would be cognizable under this 
Act, shall be deemed, so far as may be, to have been commenced hereunder. 

4. **Interpretation-clause.**—In  this  Act,  unless  there  is  something  repugnant  in  the  subject  or 
context, — 

(1) “Assistant Commissioner” includes also “Extra Assistant Commissioner”: 

(2) “ Legal practitioner” means an advocate, vakil or attorney of any High Court, a pleader, 
mukhtar or revenue-agent: 

(3) “Village-cess” means any cess which a person resident or holding lands in a village pays or 
renders to the proprietors as such of the village, and includes service rendered or things furnished as 
well as money paid: 

(4) “Recognized agent” means a person authorized in writing by any party to a proceeding under 
this Act to make appearances and applications and to do other acts on his behalf in such proceeding and 
also belonging to any class which the Chief Commissioner may, from time to time, by notification in 
the official Gazette, declare in this behalf: 

(5) “Agricultural year" means the year commencing on the first day of June, or on such other date 
as the Chief Commissioner may, in the case of any specified district or districts, from time to time, 
appoint: 

(6) “ Sir-land” means (a) land recorded as “sir” in the papers of the last preceding settlement of the 
local area in which such land is situate; and (b) land not so recorded, but which has been cultivated by 
the proprietor or one of the proprietors thereof for a period of not less than twelve consecutive years; 
and (c) waste land which has been broken up by the proprietor or one of the proprietors thereof and 
cultivated by him for a period of not less than six consecutive years; and (d) in Sambalpur, includes 
also “ bhogra” land. 

*Explanation.*—Land which has, after the date of such settlement, or the expiry of such period of 
twelve years, or six years (as the case may be), been for a period of six consecutive years unoccupied 
by such proprietor is not sir-land. Land is not unoccupied by the proprietor when it is leased out by him 
with an express reservation of his sir-rights: 

(7) “Mahal”  means  any  local  area  held  under  a  separate  engagement  for  the  payment  of  the 
land-revenue direct to Government, and Includes also any local area declared, under the provisions of 
this Act, to be a mahal: 

(8) “Village”  includes  any  tract  of  land  which,  at  the  last  settlement  of  such  land,  has  been 
recognized  as  a  village,  or  which  the  Chief  Commissioner  may,  from  time  to  time,  declare  to  be  a 
village for the purposes of this Act: 

(9) “Malguzar” means a person who, under the provisions of this Act, has accepted, or is to be 
deemed to have accepted, the assessment of a mahal, and includes his representatives and assigns; and 
also  any  person  with  whom  a  settlement  has  been  made  before  this  Act  comes  into  force,  and  his 
representatives and assigns: 

(10) “Malik-makbuza” means any person owning one or more plots of land assessed with revenue 
in a mahal; but it does not include a malguzar or inferior proprietor: 

(11) “Lambardar”  means  a  person  appointed  in  manner  prescribed  by  this  Act  to  represent  the 
proprietary body of a mahal in its relations with the Government: 

(12) “Sub-lambardar” means a person so appointed to represent the inferior proprietary body of a 
mahal in its relations with the superior proprietors: 

(13) “Mukaddam” means the executive headman of a village, appointed in manner prescribed by 
this Act: 

(14) “Tenant” means a person who holds land of another person, and is, or but for a special contract 
would  be,  liable  to  pay  rent  for  such  land  to  such  other  person;  but  it  does  not  include  a  farmer, 
mortgagee or the kadar of proprietary rights. 

*Explanation.*—An inferior proprietor is not, as such, a tenant: 

(15) “Rent” means whatever is paid, delivered or rendered, in money, kind or service, by a 
tenant on account of the use or occupation of land let to him: 

(16) “Absolute occupancy-tenant” means, in reference to any land, a tenant who, at a settlement 
of such land made before this Act comes into force, or after such a settlement but before this Act 
comes into force, was recorded, by order of a Revenue or Settlement-officer, in respect of such 
land, as an “absolute occupancy-raiyat,” or in terms equivalent thereto: 

(17) “Record-of-rights” includes the supplementary administration-paper prepared at or after 
the time of making a settlement before this Act comes into force. 
_________ 

**PART II.**
__________ 

##CHAPTER II. 

###OF REVENUE-OFFICERS: THEIR POWERS AND PROCEDURE. 

5. **Chief controlling Revenue authority.**— The Chief Commissioner shall, subject to the control of 
the Governor General in Council, be the Chief Controlling Revenue-authority. 

6. **Revenue-officers.**—Besides  the  Chief  Commissioner,  there  shall  be  the  following  classes  of 
Revenue-officers (namely):— 

  (a)  Commissioners,  who,  subject  to  the  control  of  the  Chief  Commissioner,  shall  be  the  Chief 
Revenue-authorities within their respective divisions: 

  (b) Deputy Commissioners,  who, subject to the control of the Commissioner, shall be the chief 
Revenue-authorities within their respective districts: 

  (c) Assistant Commissioners, who shall be subordinate to, and under the control of, the Deputy 
Commissioners of the districts to which they are respectively attached: 

  (d) Tahsildars,  who,  subject  to  the  control  of  the  Deputy  Commissioner,  shall  be  the  Chief 
Executive Revenue-authorities in the tahsils to which they are respectively attached: 

  (e) Naib Tahsildars, who shall be subordinate to the Tahsildars of the tahsils to which they are 
respectively attached. 

7. **Appointment,  suspension  and  removal  of  Commissioners,  Deputy  and  Assistant 
Commissioners.**—Subject  to  the  control  of  the  Governor  General  in  Council,  the  Chief  Commissioner 
shall  appoint,  and  may  suspend  or  remove,  Commissioners,  Deputy  Commissioners  and  Assistant 
Commissioners. 

8. **Appointment,  suspension  and  removal  of  Tahsildars  and  Naib  Tahsildars.**—The  Chief 
Commissioner  shall  appoint,  and  may  suspend  or  remove,  Tahsildars;  and  may  also  make  rules  for 
regulating the appointment, duties, suspension and removal of Naib Tahsildars. 

9. **Persons holding office when Act comes into force.**—All Commissioners, Deputy Commissioners, 
Assistant Commissioners, Tahsildars and Naib Tahsildars holding office as such in the territories to which 
this Act extends when this Act comes into force shall be deemed to have been appointed hereunder. 

10. **Power to appoint additional Commissioners, Deputy Commissioners and Tahsildars.**—The 
Chief  Commissioner  may  appoint  any  person  to  be  an  additional  Tahsildar  in  any  tahsil,  or,  with  the 
sanction  of  the  Governor  General  in  Council,  to  be  an  additional  Commissioner  or  additional  Deputy 
Commissioner in any division or district, and may suspend or remove any person so appointed, but subject, 
in the case of an additional Commissioner or additional Deputy Commissioner, to the like sanction. 

The Chief Commissioner may invest any additional Commissioner, Deputy Commissioner or Tahsildar 
appointed under this section with all or any of the powers conferred by this Act on a Commissioner, Deputy 
Commissioner or Tahsildar, as the case may be. 

11. **Chief  Commissioner  may  invest  Assistant  Commissioner  with  powers  of  Deputy 
Commissioner.**—The Chief Commissioner may invest any Assistant Commissioner attached to a district 
with all or any of the powers conferred by this Act on Deputy Commissioners. 

12. **Officers transferred to retain powers with which they were invested.**—Whenever any Assistant 
Commissioner, Tahsildar or Naib Tahsildar is transferred from one district or tahsil to another, he shall, 
unless the Chief Commissioner otherwise directs, exercise in the district or tahsil to which he is transferred 
all the powers with which he was, under any provision of this Act, invested by the Chief Commissioner in 
the district or tahsil from which he is transferred. 

13. **Provision for discharge of duties of Deputy Commissioner dying or being disabled.**—When a 
Deputy Commissioner dies or is disable from performing his duties, such officer as the Chief Commissioner 
may  by  rule  direct  shall  take  executive  charge  of  his  district,  and  shall  be  deemed  to  be  a  Deputy 
Commissioner  under  this  Act,  until  a  successor  to  the  Deputy  Commissioner  so  dying  or  disabled  is 
appointed and such successor takes charge of his office, or until the person so disabled resumes charge of 
his office. 

14. **Chief commissioner may alter limits of district or tahsil.**—The Chief Commissioner may, from 
time  to  time,  by  notification  in  the  official  Gazette,  alter  the  limits  of  any  district  or  tahsil,  create  new 
districts or tahsils and abolish existing districts or tahsils. 

15. Power to invest Revenue-officers.—The Chief Commissioner may, subject to the control of the 

Governor General in Council, invest any Revenue-officer with any of the following powers:— 

With power conferred by Code of Civil Procedure; for the purpose of disposing of cases under this  

Act, any power conferred by the Code of Civil Procedure on a Civil Court; 

with  power  to  delegate  power,  ower  to  delegate  to  any  Revenue-officer  subordinate  to  him  the 

exercise of any power of performance of any duty conferred or imposed on him by this Act; 

and, subject to the like control, may determine the Revenue-officer by whom any case or class of 

cases for which no express provision in this behalf is made in this Act shall be disposed of. 

16.  Power  of  Deputy  Commissioner  to  distribute  work.—Subject  to  any  rules  which  the  Chief 

Commissioner may make in this behalf, a Deputy Commissioner may— 

(a) refer any case to any Revenue-officer subordinate to him for investigation and report, or, if such 

officer has power to dispose of such case, for disposal; or  

(b) direct that any Revenue-officer subordinate to him shall, without such reference, deal with any 
case or class of cases arising within any specified area, and either investigate and report on such case 
or class, or, if he has power, dispose of it himself.  

The  subordinate  Revenue-officer  shall  submit  his  report on  any  case referred to  him  under this 
section  for  report  to  the  Deputy  Commissioner,  or  otherwise,  as  may  be  directed  in  the  order  of 
reference; and the officer receiving such report may, if he has power to dispose of the case, dispose of 
the same, or may return it for further investigation to the officer submitting the report, or may hold such 
investigation himself.  

17.  Power  of  superior  Revenue-authorities  to  withdraw  and  transfer  cases.—The  Chief 
Commissioner, the Commissioner or the Deputy Commissioner may withdraw any case pending before any 
Revenue-officer subordinate to him, and either dispose of it himself, or refer it for disposal to any other 
Revenue-officer subordinate to him and having power to dispose of the same. 

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18. Power of Revenue-officers to enter on land, &c.—All Revenue-officers and persons acting under 
their orders may, in the performance of any duty under this Act, enter upon and survey land, and demarcate 
boundaries, and do all other acts necessary to the business in which they are engaged. 

19. Power to make rules to regulate procedure.—The Chief Commissioner may, with the previous 
sanction  of  the  Governor  General  in  Council,  make  rules  consistent  with  this  Act  for  regulating  the 
procedure of Revenue-officers in cases for which a procedure is not prescribed by this Act, and may, by 
any  such  rule,  direct  that  any  provisions  of  the  Code  of  Civil  Procedure  shall  apply,  with  or  without 
modification, to all or any classes of cases before Revenue-officers. 

20.  Persons  by  whom  appearances  and  applications  may  be  made  before  and  to  Revenue-
officers.—All appearances before, applications to, and acts to be done before, any Revenue-officer under 
this Act may be made or done— 

(a) by the parties themselves; or, 

(b) with the permission of the officer, by their recognized agents or any legal practitioner:  

Obligation  of  parties  to  attend  in  person.  Provided  that  the  employment  of  a  legal  practitioner  of 
recognized agent shall not excuse the personal attendance of a party to any proceeding in cases where such 
attendance is required by any order of the Revenue-officer. 

21. Legal practitioner’s or agent’s fees not allowed unless for special reasons.—The fees of a legal 
practitioner or recognized agent shall not be allowed as costs before any Revenue-officer unless such officer 
considers, for reasons to be recorded by him in writing, that such fees should allowed. 

22. Appeals.—An appeal shall lie against every decision or order under this Act. 

 (a)  when  such  decision  or  order  is  passed  by  any  Revenue-officer  subordinate  to  the  Deputy 
Commissioner, except an Assistant Commissioner exercising the powers of a Deputy Commissioner,—
to the Deputy Commissioner; 

(b)  when  such  decision  or  order  is  passed  by  a  Deputy  Commissioner,  or  by  an  Assistant 
Commissioner exercising the powers of a Deputy Commissioner, whether in the first instance or on 
appeal,—to the Commissioner of the division;  

(c)  when  such  decision  or  order  is  passed  on  appeal  of  otherwise  by  the  Commissioner  of  a               

division,—to the Chief Commissioner: 

Provided that in no case shall a third appeal be allowed. 

23. Limitation of appeal.— No appeal shall lie— 

(a) in the Court of the Deputy Commissioner or an Assistant Commissioner exercising the powers 
of a Deputy Commissioner—after the expiration of thirty days from the date of the decision or order 
complained of; or 

(b) in the Court of the Commissioner—after the expiration of sixty days from such date; or  

(c) in the Court of the Chief Commissioner—after the expiration of ninety days from such date. 

In computing such periods of limitation, and in all respects not herein specified, the provisions of 

the Indian Limitation Act, 1877, shall apply. 

24.  Powers  of  revision  of  Commissioner  and  Deputy  Commissioner.—Any  Commissioner  or 
Deputy Commissioner may at any time, for the purpose of satisfying himself as to the legality or propriety 
of any order passed by, and as to the regularity of the proceedings of, any Revenue-officer subordinate to 
him, call for and examine the record of any case pending before, or disposed of by, such officer, and may 
pass such order in reference thereto as he thinks fit : 

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Provided that he shall not under this section modify or reverse any order affecting any question of right 
between private persons, without having given to the parties interested reasonable notice to appear and be 
heard in support of such order. 

25. Powers of revision or Chief Commissioner.—The Chief Commissioner may at any time call for 
and examine the record of any case pending before, or disposed of by, any Revenue-officer, and may pass 
such order in reference thereto as he thinks fit: 

Provided that no order affecting any question of right between private persons shall be passed under 
this section unless the Chief Commissioner has given the parties interested an opportunity of being heard. 

26. Review of orders. —Every Revenue-officer may, either on his own Motion or on the application 
of any party interested, review, and on so reviewing modify, reverse or confirm, orders passed by himself 
or by any of his predecessors in office: 

Provided as follows— 

(1) when a Commissioner or Deputy Commissioner thinks it necessary to review any order which 
he has not himself passed, and when an officer under the rank of a Deputy Commissioner proposes to 
review any order, whether passed by himself or by any predecessor, he shall first obtain the sanction of 
the officer to whom he is immediately subordinate:  

(2) no order shall be modified or reversed unless reasonable notice has been given to the parties 

interested to appear and be heard in support of such order: 

(3) no order against which an appeal has been preferred shall be reviewed while such appeal is 

pending: 

(4) no order affecting any question of right between private persons shall be reviewed except on 
the application of a party to the proceedings; and no application for the review of such an order shall 
be entertained unless it is made within ninety days from the passing of the order, or unless the applicant 
satisfied the Revenue-officer that he had sufficient cause for not making the application within such 
period. 

For the purposes of this section, the Deputy Commissioner shall be deemed to be the successor in 
office of any Revenue-officer who has left the district or has ceased to exercise powers as a Revenue-
officer, and to whom there is no successor in office. 

______ 

PART III. 

OF SURVEY AND SETTLEMENT; 

______ 

CHAPTER III. 
PRELIMINARY. 

27. Notification of revenue survey. Effect thereof—Whenever it appears to the Chief Commissioner 
that a revenue-survey should be made in any local area, he shall publish a notification in the official Gazette 
directing that such survey be made, and cause translations of such notification in the language of the district 
to be posted up in conspicuous places in such area; and thereupon all officers in charge of such survey, their 
assistants, servants, agents and workmen may enter upon the lands to be surveyed, and erect survey-marks, 
and do all other acts necessary for making the survey. 

28. Notification of settlement.—When any local area  is to be settled, the Chief Commissioner may, 
with the previous sanction of the Governor General in Council, issue a notification of settlement, and in 
such notification shall— 

(a) define the local area to be settled; 
(b) specify the operations which are to be carried out in the settlement; 

14 

 
Power to amend notification. and may from time to time, with the like sanction, amend, alter or cancel 

such notification.  

Every such notification, amendment, alteration and cancellation shall be published in the local official 

Gazette.  

29. Power to appoint Settlement-officers.—The Chief Commissioner may from time to time appoint 
one or more officers (hereinafter called Settlement-officers) to make the settlement of such area; and when 
he  appoints  more  than  one  such  officer,  he  shall  appoint  one  of  them  (hereinafter  called  the  Chief 
Settlement-officer)  to  control  such  settlement,  an  all  other  officers  appointed  for  the  purposes  of  such 
settlement shall be subordinate to the Chief Settlement officer. 

and  to  suspend  and  remove  them.  The  Chief  Commissioner  may  suspend  or  remove  any  officer 

appointed under this section. 

30. Settlement-officer may invested with powers of Deputy Commissioner.—During the progress 
of the settlement of any local area, the Chief Commissioner may invest any Settlement-officer within such 
area with all or any of the powers of a Deputy Commissioner under this Act, to be exercised by him in such 
classes of cases as the Chief Commissioner may from time to time direct. 

31.  Certain  provisions  of  Chapter  II  applied  to  Settlement-officers.—The  provisions  of  section 
eleven  and  sections  fifteen  to  twenty-six,  both  inclusive,  shall  apply,  mutatis  mutandis,  to  Settlement-
officers and to proceedings before them, the expression “Settlement-officer” being read for the expressions 
“Assistant Commissioner” and “Revenue-officer,” and the expression “Chief Settlement-officer” for the 
expression “Deputy Commissioner,” wherever those expressions occur: 

Provided that an appeal from any appealable order passed by a subordinate Settlement-officer shall lie 

to the Chief Settlement-officer if preferred within sixty days from the date of such order: 

Provided also that no appeal shall lie from any decision of a Chief Settlement officer which can be 

called in question in a Civil Court. 

32. Appointment of Settlement-commissioner.—The Chief Commissioner may, from time to time, 

with the previous sanction of the Governor, General in Council, 

(a) appoint a Settlement-commissioner, and transfer to him, within any local area under settlement, 
all or any of the powers which the Commissioner of the division, if the land to be settled were wholly 
situate within such division, would otherwise exercise under this Act in matters connected with such 
settlement; and 

(b) delegation to him of Chief Commissioner’s powers. delegate to the Settlement-commissioner 

such of his own powers in regard to matters connected with such settlement as he thinks fit. 

33. Power to invest Settlement-officers with Civil Court powers.—When any local area is under 
settlement, the Chief Commissioner may invest any subordinate Settlement-officer with the powers of any 
of the first five grades of Courts described in section four of the Central Provinces Courts, Act, 1865, and 
the Chief Settlement-officer with the powers of a Court of a Deputy Commissioner described in the same 
Act, sections twelve, nineteen and twenty, for the trial, in the first instance, of any of the following classes 
of suits instituted within such area (namely):— 

(a) suits for arrears of rent due on account of any fight of pasturage, forest-rights, fisheries or the 

like; 

(b) suits by lambardars for arrears of revenue payable through them by the proprietors whom they       

represent; 

(c) suits by proprietors for their share of the profits of an estate or any part thereof after payment· 

of the revenue and village-expenses, or for a settlement of accounts;  

15 

 
(d)  suits  by  muafidars  or  assignees  of  revenue  for  arrears  of  revenue  owing  to  them  as  such 

muafidars or assignees; 

(e) suits by superior proprietors for arrears of revenue due to them as such superior proprietors; 

(f) suits by proprietors and others in receipt of the rent of land against any agents employed by them 
in  the  management  of  land  or  collection  of rents,  or against the  sureties  of  such  agents,  for  money 
received  or  accounts  kept  by  such  agents  in  the  course  of  such  employment,  or  for  papers  in  their 
possession; 

     (g)  suits regarding  any matter  which  a  Settlement-officer is  required  to  decide  or  to  enter in  the 
record-of-rights, and of which Civil Courts can take cognizance; 

     (h) suits relating to land, or the rent, profits or occupation of land. 

34.  Chief  Settlement-officer  to  have  powers  of  Deputy  Commissioner.—When  the  Chief 
Commissioner invests any subordinate Settlement-officer with the powers of a Civil Court for the trial of 
any of the suits mentioned in section thirty-three, the Chief Settlement-officer to whom such Settlement-
officer is subordinate shall have the powers of the Court of a Deputy Commissioner described in the Central 
Provinces Courts’ Act, 1865, sections twelve, nineteen and twenty, with reference to proceedings before, 
or decrees and order of, such settlement-officer in such suits. 

35. Appeals in suits specified in section 33 when to lie to Chief Settlement-officer.—When any 
local area is under settlement and Settlement-officers have been invested with the powers mentioned in 
section thirty-three in such local area, the Chief Commissioner may, with respect to all or to any of the suits 
specified in that section, declare that all or any of the decrees and orders passed in exercise of the powers 
of Courts of the first four grades aforesaid, by Assistant Commissioners or Tahsildars not being Settlement-
officers, shall be appealable to the Chief Settlement-officer, and not to the Deputy Commissioner of the 
district. 

36. Division of civil work between Settlement-officer and ordinary Courts.—When any local area 
is under settlement and the Settlement-officers therein have been invested with powers under section thirty-
three, the Chief Commissioner may withdraw from the jurisdiction of the ordinary Civil Courts within such 
area the classes of suits which Settlement-officers have power to dispose of under that section, or he may 
direct  that,  in  respect  of  such  suits,  the  Settlement-officers  shall  have  concurrent  jurisdiction  with  the 
ordinary Civil Courts:  

Provided that no proceedings which have been inadvertently or erroneously taken before the Civil Court 
shall be deemed to be invalid merely on the ground that, by the Chief Commissioner's order, they should 
have been taken before a Settlement-officer.  

37. Provisions of section 31 not to apply to certain suits.—Nothing in section thirty-one shall apply 
to  suits  and  appeals  or  other  proceedings  instituted  before,  or  determined  by,  Settlement-officers  in 
pursuance of powers conferred upon them under section thirty-three, thirty-four or thirty-five. 

38.  Appeal,  reference  and  revision.—  Except  as  provided  in  sections  thirty-three,  thirty-four  and 
thirty-five, the decrees and orders of a Settlement-officer passed, whether in the first instance or on appeal, 
in exercise of the powers of a Civil Court of any grade, shall, for the purposes of appeal, reference and 
revision, be deemed to be decrees  and orders of a Civil Court of such grade, and no appeal shall lie under 
the provisions of section twenty-two from such decrees or orders. 

39. Duration of settlement-operations.—Every settlement notified under section twenty-eight shall 
be  deemed  to  be  in  progress  until  the  Chief  Commissioner,  by  notification  in  the  official  Gazette, 
declares that it is completed. 

Cases pending at close of settlement-operations.—When the settlement of any local area has  

16 

 
been notified as completed, all the powers exercised by the Settlement-officers in such area shall cease, 
and all suits and applications pending before such officers shall be transferred to such of the Courts 
ordinarily having jurisdiction in such cases as the Commissioner of the division directs; or, if there are 
no such Courts, shall be disposed of in such manner as the Chief Commissioner directs.  

______ 

CHAPTER IV. 

OF DEMARCATION. 

Unowned Lands. 

40.  Settlement-officer to invite claims to lands appearing to have no owner.—When any local 
area is under settlement, the Settlement-officer shall make lists of all lands in such area which appear 
to  him  to  have  no  lawful  owner,  and  shall  thereupon  issue  a  notification  declaring  his  intention  to 
demarcate such lands as the property of the Government and inviting every person having claims to or 
over them to present in his court, within three months from the date of the notification, a petition in 
writing setting forth such claims and the respective grounds thereof. 

41.  Application  of  Act  XXIII  of  1863.—Every  such  notification  shall  be  deemed  to  be  an 
advertisement under Act No. XXIII of 1863 (to provide for the adjudication of claims to waste lands), 
section one;  

the demarcation of such lands shall be deemed to be a disposition of them within the meaning of 

that Act;  

the Settlement-officer shall exercise all the powers vested in the Collector by that Act; and  

claims to or over the land comprised in such notification shall be dealt with as nearly as may be in 

the manner prescribed in that Act. 

42.  Procedure  when  limited  right  over  land  stablished.—Whenever  a  claim  to  the  exercise  or 
enjoyment of any right (not amounting to the right of exclusive possession) in, to or over, any land 
comprised in such notification is established, either before the Settlement-officer or before the Court 
constituted under the said Act No. XXIII of 1863, section seven, the Settlement-officer may assign to 
the  claimant  as  his  property  a  definite  portion  of  such  land,  or,  with  the  sanction  of  the  Chief 
Commissioner, he may otherwise compensate the claimant; and such assignment or compensation shall 
be held to extinguish all claims on account of such exercise or enjoyment.  

Mahals. 

43. Power to form mahals.—The Settlement-officer may declare any local area to be a mahal. 

Excluded Lands. 

44. Settlement-officer may exclude any town or land from settlement-operations.—For the 
purpose of excluding from all or any of the operations of the settlement any town or any land from 
which the owner can derive no profit, the Settlement-officer may mark off the site and determine the 
limits of such town or land: 

Provided that no land in respect of which land-revenue payable at the date of the notification issued 
under section twenty-eight shall, under this section, be exempted from assessment without the sanction 
of the Chief Commissioner. 

17 

 
 
 
Boundary-marks. 

45.  Erection  of  new,  and  repair  of  existing,  boundary-marks.—When  any  local  area  is  under 
settlement,  the  Settlement-officer  may  order  all  persons  who  have  proprietary  rights  in  the  land 
comprised in such area to erect boundary-marks of such description and at such places as he thinks 
necessary in order to define the limits of the mahals, fields or other lands in their possession, or to 
repair boundary-marks already existing; and may fix a reasonable time for obeying his order;  

and if his order is not obeyed within such time, may cause such marks to be erected or repaired 
under his own orders, and may recover the cost of such erection or repair from the persons against 
whom his order was made, in such proportion as he thinks fit.   

_______ 

CHAPTER V. 

OF THE ASSESSMENT OF LAND-REVENUE. 

46. Separate sum to be assessed on every mahal. Progressive assessments.— On every mahal a 
definite and separate sum shall be assessed as land-revenue; but the sum so assessed may be reduced 
in such manner and to such extent as the Chief Commissioner thinks fit, for any period not exceeding 
ten years from the date on which the assessment takes effect. 

47.  Matters  as  to  which  Chief  Commissioner  is  to  instruct  Settlement-officer.—The  Chief 
Commissioner may from time to time, with the previous sanction of the Governor General in Council, 
give instructions to the Settlement-officer as to the principle on which land-revenue is to be assessed, 
and as to the sources of miscellaneous income to be taken into account in the assessment. 

48. What land taken into account in assessing mahal.—In assessing a mahal all land situate therein 

shall be taken into account except the following (that is to say):— 

(a) land purchased free from revenue under any rules for the time being in force to regulate the sale 

of waste-lands;  

(b) land in respect of which the revenue has been redeemed under any rules for the time being in 

force; 

(c) land excluded from assessment under section forty-four; 

(d)  land in  respect  of  which  a  claim  to  hold  it  free from  revenue  as  against the Government  is 

established under the provisions hereinafter contained; 

(e) land which the Chief Commissioner, subject to the control of the Governor General in Council, 

may from time to time exempt from assessment.  

49. Assessment to whom to be offered. — The assessment of every mahal shall be offered to the 
entire  proprietary  body  of  such  mahal:  provided  that,  when  superior  and  inferior  proprietary  rights           
co-exist in the same mahal, the Settlement-officer may, subject to such rules as the Chief Commissioner 
may make in this behalf, determine whether the assessment shall be offered to the superior or to the 
inferior proprietors. 

Subject to such rules as the Chief Commissioner may make in this behalf, the Settlement-officer 
may determine the manner and proportion in which the proprietary profits of the maha1 shall be allotted 
between the superior and the inferior proprietors.  

When  a  proprietor  has  mortgaged  his  rights  in  any  mahal,  and  the  mortgagee  has  entered  into 
possession, such mortgagee, so long as he is in possession, shall, for the purposes of this section, stand 
in the place of the mortgagor. 

18 

 
50. Sub-settlement to be made with inferior proprietors when settlement is made with superior.—  
When in a mahal in which superior and inferior proprietors co-exist, the Settlement-officer makes a 
settlement  with  the  superior  proprietors,  he  shall  make  on  their  behalf  a  sub-settlement  with  the                 
inferior proprietors, by which such inferior proprietors shall be bound to pay to the superior proprietors 
an annual revenue equal to the land-revenue with which the mahal is assessed and to the profits to 
which the superior proprietors are entitled under section forty-nine. 

51. Power to give directions as to payment of certain profits of superior proprietors.—When in 
any such mahal the settlement is made with the inferior proprietors, the Settlement-officer may direct that 
the profits to which the superior proprietors are entitled under section forty-nine, shall be paid by the inferior 
proprietors direct to such superior proprietors, or that such profits shall be collected as if they were land-
revenue and shall be paid to the superior proprietors from the Government Treasury. 

52. Power to make  rules for reporting  assessment for sanction.—The  Chief Commissioner  may 
make rules prescribing the manner in which the Settlement-officer shall report for sanction his rates and 
method  of  assessment;  and  no  assessment  shall  be  offered  without  the  previous  sanction  of  the  Chief 
Commissioner.  

53. Offers of assessment to be made subject to revision and confirmation.—In making any offer of 
assessment the Settlement-officer shall state that it is made subject to confirmation by the Governor General 
in Council, and also to revision by the Chief Commissioner at any time before such confirmation is received. 

54.  Option  to  accept  or  refuse  assessment.  It  shall  be  in  the  option  of  the  persons  to  whom  an 

assessment is offered to accept or refuse the same.  

Mode of acceptance. If they are willing to accept it, they shall make and sign an acceptance in writing, 
in such form as the Chief Commissioner may from time to time  prescribe in this behalf, and deliver the 
same to the Settlement-officer. 

55.  Proprietor  not  accepting  in  manner  prescribed  may  be  deemed  to  have  accepted.  Any 
proprietor who, within such reasonable period as may be specified by the Chief Commissioner, fails to 
make, sign and deliver such acceptance, or to inform the Settlement-officer that he refuses the proposed 
assessment, shall, if the Settlement-officer by an order in writing so directs, be deemed to have accepted 
such assessment. 

56.  Effect  of  acceptance of  assessment.—Whenever  the  assessment  of  a  mahal  has  been accepted 
under this Act, the persons who have accepted it shall be bound to pay the amount thereof from such date 
and for such term as the Chief Commissioner may appoint in this behalf, or, if at the expiry of that term no 
new assessment has been made and is ready to take effect, until a new assessment has been made and is 
ready to take effect: Provided as follows: — 

Assessmemt may be rescinded by Chief Commissioner; or by Governor General in Council. 

1st—any  assessment  may  be  rescinded  by  the  Chief  Commissioner  at  any  time  before  it  has  been 

confirmed by the Governor General in Council; 

2ndly—the  Governor  General  in  Council  may  rescind  any  assessment  submitted  to  him  for 

confirmation; 

Malguzrs may object to continuance of assessment beyond term of settlement. 

3rdly—if all the malguzars of a mahal, six months before the expiry of the term fixed under this section, 
apply in writing to the Deputy Commissioner stating that they are unwilling that the assessment should 
continue in force beyond the expiry of such term, the assessment shall, on the expiry of such term, cease to 
be in force.  

19 

 
57. Procedure when assessment is refused.—Where there is but one class of proprietors in a mahal, 
and all refuse to accept in manner required by section fifty-four the assessment offered, the Settlement-
officer may, with the previous sanction of the Chief Commissioner, exclude them from settlement for a 
period not exceeding thirty years from the date of such exclusion, and may either let the mahal in farm, or 
take it under direct management. 

58. Procedure when only some proprietors accept assessment.—If some of the proprietors consent, 
and some refuse, so to accept the assessment offered, the Settlement-officer may, with the previous sanction 
of the Chief Commissioner, if the interest of the recusant proprietors in the lands taken into account in the 
assessment consists entirely of lands held by them separately form the other proprietors, exclude such in 
the lands taken into account in the assessment consists entirely of lands held by them separately from the 
other proprietors, exclude such recusant proprietors from settlement for a period not exceeding thirty years 
from  the  date  of  such  exclusion,  and  either  let  their  lands  in  farm  or  take  such  lands  under  direct 
management. 

In other cases the assessment of the entire mahal shall be offered to the proprietors who consented to 
accept the assessment when originally offered, and if they refuse it the mahal shall be dealt with under the 
provisions of section fifty-seven. 

When  the  recusant  proprietors  are  excluded  under  this  section,  the  lands  of  the  proprietors  who 
consented to accept the assessment originally offered shall be deemed to be a separate mahal, and shall be 
assessed as such; and such assessment shall be offered to the proprietors so consenting; and if the lands of 
the recusant proprietors are let in farm, the farm shall be first offered to the proprietors who consented to 
accept the assessment originally offered. 

59. Procedure on refusal of assessment in village in which superior and inferior rights co-exist.—
When an assessment is offered in a mahal in which both superior and inferior proprietors co-exist—(a) if 
all the proprietors of the class with which the Settlement-officer proposes to make the settlement refuse to 
accept as aforesaid the assessment offered, the assessment shall be offered to the proprietors of the other 
class; and if all such proprietors refuse the assessment, the Settlement-officer shall proceed as provided in 
section fifty-seven; 

(b) if some only of the proprietors of the class with which the Settlement-officer proposes to make the 
settlement refuse the assessment, he may either proceed as if all had refused it or may deal with the mahal 
under section fifty-eight: 

Provided that if, in the case contemplated by clause (b), the proprietors who consented to accept the 
assessment when originally offered refuse to accept it, such assessment shall be offered to the other class 
of proprietors. 

60.  Procedure  on  refusal  of  assessment  by  inferior  proprietors.—If  all  or  any  of  the  inferior 
proprietors refuse any assessment offered under section fifty, the Settlement-officer may exclude them all 
from the sub-settlement, and assign the proprietary management and profits of the mahal to the superior 
proprietor for any term not exceeding the term of settlement.  

61.  Allowance  to  excluded  proprietors.—Any  proprietor  excluded  from  settlement  under  section 
fifty-seven  or section  fifty-nine,  clause  (a),  shall  be  entitled to receive  from  the Government  an  annual 
allowance, the amount of which shall be fixed by the Chief Commissioner but which shall not be less than 
five per cent., or more than ten per cent., on the amount of the assessment offered to him by the Settlement-
officer. 

62.  Excluded  proprietors  to  have  occupancy-rights  in  their  sir-land.—Any  proprietor  excluded 
from settlement or sub-settlement under sections fifty-seven to sixty, both inclusive, shall be entitled to 
retain possession of his sir-land (if any) as if he were an absolute occupancy-tenant, and the rent to be paid 
by him for such land during the term of his exclusion shall be fixed by the Settlement-officer accordingly. 

20 

 
63.  Aggregate  amount  of  allowance  granted  to,  and  deduction from  rent  allowed to, excluded 
proprietor.—The  aggregate  amount  of  any  allowance  under  section  sixty-one,  and  of  the  difference 
between the rent fixed under section sixty-two and the rent which the excluded proprietor would be liable 
to pay if he were a tenant-at-will, shal1 not be less than five or more than fifteen per cent. on the amount of 
the assessment offered to him by the Settlement-officer. 

64. Sub-settlement with malik-makbuzas and other like holders of land.—The Settlement-officer 
may make, on behalf of malik-makbuzas or other like holders of land, such a sub-settlement as shall secure 
to them from the malguzars of the mahal their existing rights; and may provide that, in addition to the land-
revenue payable by them, they shall pay to the malguzars such percentage thereon, not exceeding twenty 
per cent., as may in his opinion be sufficient to compensate the said malguzars for their responsibility in 
respect of the land-revenue, and to provide for the fees of lambardars and mukaddams. 

65.  Revenue  payable  under  sub-settlement  to  be first charge  on land.—The  amount  of  revenue 
payable under a sub-settlement shall be a first charge upon all the land comprised in such sub-settlement.  

66. Settlement-officer to apportion assessment over lands held in severalty.—When the whole of 
the land  comprised in a  mahal  is  held in severalty, the  Settlement-officer shall  apportion to the  several 
holdings the amount with which such land is assessed under a settlement or sub-settlement. 

      When  only  part  of  the  land  comprised  in  a  mahal  is  held  in  severalty,  the  Settlement-officer  shall 
apportion such amount to the part held in common and the part held in severalty, and shall further apportion 
to the several holdings the amount to which they are liable under the former apportionment. 

       67. to redistribute land according to custom.—When by established custom the land held by each 
proprietor in any mahal is subject to periodical redistribution, the Settlement-officer may, in his discretion, 
on the application of the proprietors, make such redistribution according to such custom. 

CHAPTER VI. 

OF CERTAIN INVESTIGATIONS BY THE SETTLEMENT-OFFICER AND 

THE PREPARATION OF THE RECORD-OF-RIGHTS. 

68. Settlement-officer to as certain proprietors.—The Settlement-officer shall ascertain the persons 

who are in possession as proprietors of the land comprised in each mahal. 

69.  To  determine  extent  of  sir-land.—The  Settlement-officer  shall  ascertain  the  situation  and 

determine the extent of all the land held as sir in each malal. 

70. To decide disputes among shareholders regarding management of mahal.—The Settlement-
officer shall ascertain the customs or rules by which the proprietors in each mahal are mutually bound as to 
the granting of pattas the ejectment of tenants, the realization and distribution of rents and other profits, the 
payment  of  land  revenue,  village-expenses  and  other  charges,  and  generally  as  to  the  control  and 
management of the mahal; and shall decide all disputes and record all agreements regarding the matters 
mentioned in this section.  

71. To determine through what lambardars revenue shall be paid. —The Settlement-officer shall 
determine  through  which  of  the  lambardars  or  sub-lambardars  the  amount  of  revenue  payable  by  each 
proprietor, sub-proprietor or malik-makbuza shall be paid. 

72. To ascertain status and rents of tenants.—The Settlement-officer shall ascertain, and record for 
each  mahal,  the  status  of  all  tenants  occupying  land  therein,  the  lands  respectively  held  by  them,  the 
conditions on which they respectively hold such lands, and the rents (if any) payable by them respectively. 

21 

 
 
 
73. Enquiry into claims to hold free from revenue as against Government.—The Settlement-officer 
shall investigate all claims against the Government to hold land free from revenue or at less than a full 
assessment, or to receive the whole or part of the land-revenue assessed on land which is not free from 
revenue. 

Power  of  Chief  Commissioner to make rules.—The  Chief  Commissioner  may,  with  the  previous 

sanction  of  the  Governor  General  in  Council,  make  rules  determining  the  principles  by  which  the                       
Settle-ment-officer shall be guided in the disposal of claims coming under this section. 

74. Enquiry as to claims to hold free from revenue as against malguzars.—When any land not 
being land which any person is entitled to hold free from revenue as against the Government is held by a 
proprietor, whether himself a malguzar or not, who claims to hold it wholly or partially free from revenue 
as against the other malguzars of the mahal,  the Settlement-officer shall decide whether the claimant is 
entitled to be exempted from paying the whole or any part of the revenue which would otherwise be payable 
in respect of such land, and, if he decides that the claimant is so entitled, shall also determine the conditions 
under which, and the term for which, the claimant is entitled to such exemption: 

Provided that no decision under this section shall exempt any land from the payment of revenue, when 

the mahal in which such land is comprised is sold for arrears of revenue. 

Chief Commissioner may make rules for disposal of such cases.—The Chief Commissioner may 

make rules for the guidance of Settlement-officers in dealing with cases under this section. 

75. Time from which orders under sections 73 and 74 take effect.—When the Settlement-officer 
decides,  under  section  seventy-three  or  section  seventy-four,  that  land  which  has  been  held  free  from 
revenue, or at less than a full assessment, is liable to pay revenue, or to pay the same at enhanced rates, 
such decision shall take effect from the first day of the agricultural year next ensuing; unless the  Chief 
Commissioner directs that the amount payable in respect of such land on account of the revenue accruing 
due within anyone or more of the last preceding twelve years shall be realized.  

76.  Settlement-officer  to  decide  what  village-cesses  are  leviable;—The  Settlement-officer  shall 
determine and record the village-cesses if any which are leviable in accordance with village-custom, and 
the persons by and from whom, and the rates at which, they are leviable; and such cesses shall, if sanctioned 
by the Chief Commissioner, be leviable accordingly. 

77. to determine certain disputes.—The Settlement-officer may determine disputes regarding any of 

the following matters (namely):— 

(a) the right of any lambardar, mukaddam, patwari, village-watchman or other village-servant to 
any customary dues, or other remuneration, and his liability to render any customary service in return 
for such dues or remuneration; 

(b) the rights of persons resident in the village or holding lands comprised in the mahal, in or to 

the common land of the mahal and its produce, and the village-site; 

(c) any customs relating to irrigation or to rights-of-way and other easements; 

(d)  any  other  rights  and  customs  which  the  Chief  Commissioner  directs  to  be  recorded  in  the 

administration-paper.  

78. Procedure in cases under sections 68, 69, 70, 72 and 77, clauses (b), (c) and (d).—If a dispute 

arises  regarding  any  matter  mentioned  or  referred  to  in  sections  sixty-eight,  sixty-nine,  seventy,                        
seventy-two and seventy-seven, clauses (b), (c) and (d), the Settlement-officer shall decide it summarily 
after making such enquiry as he thinks fit, and shall not be bound to hear any party to such dispute or to 
receive any evidence tendered by any such party; but in the case of every such dispute he shall record a 
proceeding stating the nature of such dispute,· his decision thereon, the grounds of such decision and such 
other particulars as he thinks fit. 

22 

 
79. Record-of-rights.—The Settlement-officer shall prepare for every mahal, or, if he thinks fit, for 

any group of neighbouring mahals, a record-of-rights, and shall include in it— 

(a) the results of the inquiries made under this chapter in respect of such mahal or group; and  

(b)  any  other  matters  which  the  Chief  Commissioner  may,  by  rules  in  this  behalf,  direct  to  be 

entered in such paper. 

80. Chief Commissioner may make rules regarding record-of-rights.—The Chief Commissioner 
may make rules prescribing the language in which the record-of-rights shall be drawn up, the form of the 
papers of which it shall consist, and the manner in which such papers shall be signed and attested by the 
Settlement-officer and the parties interested in the matters to which they refer. 

 81. Record-of-rights to be made over to Deputy Commissioner.—When the Settlement-officer has 
completed a record-of-rights in manner hereinbefore prescribed, he shall, subject to any order issued by the 
Chief Commissioner in this behalf, make it over to the Deputy Commissioner for custody. 

82. Effect of entries in record-of-rights.— When the record-of-rights is duly made and attested, all 

entries therein shall be presumed to be correct until the contrary is shown.  

83. Suits to contest certain settlement decisions or entries.—Any person deeming himself aggrieved 
by any decision under section seventy-eight, or by any decision of the Chief Settlement-officer in appeal 
therefrom or by any entry made in the  record-of-rights as to any matter referred to in that section, may 
institute a suit in the Civil Court to have such decision set aside or such entry cancelled or amended: 

Provided as follows:— 

When  any  suit  under  this  section  is  instituted  for  the  cancellation  or  amendment  of  an  entry,  the 

Government, if it so desires, and all persons interested in the entry, shall be made parties to the suit:  

No persons by whom the record-of-rights was signed, and no persons claiming through or under them 
shall, without the previous sanction of the Chief Commissioner, institute any suit with a view to modify or 
set aside any entry relating to any matter mentioned in section seventy or section seventy-seven, clause (b), 
(c) or (d). 

84. Revision of record-of-rights by Chief Commissioner.—After an assessment has been confirmed 
by the Governor General in Council, the Chief Commissioner shall not exercise, in respect of any entry of 
the descriptions referred to in section eighty-three duly made in a record-of-rights prepared in connection 
with such assessment and duly attested, the power of revision conferred by sections twenty-five and thirty-
one, unless it is proved that such entry was made inadvertently.  

85. Proceedings regarding lands the property of Government.— In respect of lands declared to be 
the property of Government, the Settlement-officer shall, instead of proceeding as hereinbefore provided, 
conduct such operations, and prepare such record, as the Chief Commissioner may direct.  

CHAPTER VII. 
OF SETTLEMENTS MADE BEFORE THIS ACT COMES INTO 
FORCE. 

86. Former settlements deemed to have been made under this Act.—Settlements made before this 
Act comes into force shall be deemed, so far as may be, to have been made hereunder; and the provisions 
of this Act in regard to proceedings taken and records prepared by Settlement offices in the making of 
settlements hereunder shall apply in like manner to proceedings taken and records prepared before this Act 
comes into force. 

87.  Effect  of  awards  of  proprietary  rights  at  such  settlements.—When  a  Settlement-officer  or 
Settlement Court has, at any settlement made before this Act comes into force, made an award of proprietary 
rights in any land, all claims which after consideration by such officer or Court may have been expressly 

23 

 
 
decided by him or it to be invalid, or inferior to the claims of the persons in whose favour the award was 
made, shall be barred both as against Government and as against the persons last mentioned; and no suit 
shall lie for the enforcement of such claims in any Civil Court. 

The award at any such settlement of proprietary rights in land to a widow shall be deemed to confer on 
her those rights only which, in accordance with the personal law to which she is subject, she would enjoy 
in land inherited by her from her husband. 

88.  When  suits  for  proprietary  rights  will  lie  in  Civil  Courts.—  Any  person  whose  claim  to 
proprietary rights in any land was not expressly decided by such officer or Court may sue in a Civil Court 
to establish such claim; and if he can prove that, when proprietary rights in such land were awarded by such 
officer  or  Court  to  other  persons,  he  was  entitled  to  interests  therein  of  the  same  nature  as  those  upon 
consideration of which the award was made, the Civil Court may declare him entitled to a proprietary right 
of such nature and extent in the land as it may deem just. 

89. Chief Commissioner may allot waste-land to malik-makbuzas entitled thereto.—When at any 
settlement made before this Act comes into force malik-makbuzas have been declared entitled to a portion 
of  the  waste-lands  comprised  in  any  mahal  the  Chief  Commissioner  may,  notwithstanding  anything 
contained in the record of such settlement, prescribe the extent of such portion and the mode in which the 
same shall be assigned to them; and may determine the nature and extent of their interests therein and the 
conditions on which they may hold it. 

______ 

PART IV. 

OF REVENUE-ADMINISTRATION. 

_______ 

CHAPTER VIII. 

OF THE COLLECTION OF LAND-REVENUE. 

90.    Power  of  Chief  Commissioner  to  regulate  payment  of  land-revenue.—Notwithstanding 
anything contained in the record-of-rights of any village, the Chief Commissioner may fix the number and 
amount of the instalments, and the times, places and manner, at and in which land-revenue, whether payable 
direct to the Government or not, shall be paid.  

Until the Chief Commissioner otherwise directs, all such payments shall be made on the dates, in the 
instalments, in the manner and at the places on, in and at which they are payable when this Act comes into 
force. 

 91. “Arrear.” “Defaulters.”—When any sum payable under a settlement or sub-settlement is not paid 
within the time at which it is payable under section ninety, such sum shall be deemed to be an arrear, and 
all the persons with whom such settlement or sub-settlement was made, their representatives and assigns, 
shall thereupon become jointly and severally liable for it, and shall be deemed to be defaulters within the 
meaning of this Act. 

Realization of Revenue from Malguzars. 
92. Tahsildar’s statement of account to be conclusive evidence of arrear.—A statement of account,  
authenticated  by  the  signature  of  the  Tahsildar,  shall,  for  the  purposes  of  this  chapter,  be  conclusive 
evidence of the existence of any arrear payable direct to the Government, of its amount, and of the persons 
who in respect thereof are defaulters. 

93. Notice of demand.—The Deputy Commissioner or any officer empowered by him in this behalf 
may, if he thinks fit, before any of the processes hereinafter referred to are issued for the recovery of such 
an arrear, cause a notice of demand to be served on any of the defaulters. 

24 

 
 
94. Processes for recovery of arrears.—An arrear payable directly to Government may be recovered 

by anyone or more of the following processes:— 

(a) by arresting the defaulter and imprisoning him in the civil jail; 

(b) by attaching and selling his moveable property; 

(c) by attaching the mahal in respect of which the arrear has accrued or the share or land of any 
malguzar who has not paid the portion of the revenue which, as between him and the other malguzars, 
is payable by him, and taking the same mahal, share or land under direct management;  

(d) by transferring the share or land of any malguzar who has not paid such portion to any malguzar 
who has paid the same, or, if every such malguzar declines to accept such share or land, to any person 
having a mortgage or charge upon the same, and who consents to accept it; 

(e) by annulling the settlement of the mahal in respect of which the arrear has accrued, and taking 

such mahal under direct management or farming the same; 

(f) by selling such mahal, or the share or land of any malguzar who has not paid the portion of the 

revenue aforesaid; 

      (g) by selling immoveable property belonging to the defaulter other than the land in respect of which 
the arrear has accrued:  

Provided as follows:— 

(1) the process mentioned in clause (a) shall not be issued against any female, minor, lunatic or idiot;  

(2) the processes mentioned in clauses (d), (e), (f) and (g) shall not be enforced without the previous 

sanction of the Chief Commissioner; 

(3)  No  land  shall  be  sold,  and  the  settlement  of  no  land  shall  be  annulled,  on  account  of  an  arrear 
accruing  in  respect  of  land  whilst  it  is  under  attachment,  or  under  charge  of  the  Superintendent  of 
Government  Wards,  or  held  under  direct  management,  or  let  in  farm  in  accordance  with  any  of  the 
provisions of this Act.  

The processes specified in clauses (a), (b) and (g) may be enforced either in the district in which the 

default has been made, or in any other district. 

95.  Arrest  and  imprisonment  for  recovery  of  arrear.—The  process  mentioned  in  section                     

ninety-four, clause (a), may be executed by issuing a warrant directing the officer named therein, if the 
defaulter fails to pay the arrear by a date to be fixed in the warrant, to bring him to the tahsil.  

If, when the defaulter arrives at the tahsil, the arrear is still unpaid, the Tahsildar may order him to be 
taken before the Deputy Commissioner, or may keep him under personal restraint at the tahsil for a  period 
not  exceeding  ten  days,  unless  within  such  period  the  arrear  is  paid,  and  may  then,  if  the  arrear  is  still 
unpaid, cause him to be taken before the Deputy Commissioner. 

96. Imprisonment of defaulter in civil jail.—If the arrear is not paid when the defaulter arrives before 
the Deputy Commissioner, the Deputy Commissioner may issue an order to the officer in charge of the civil 
jail of the district, directing him to confine the defaulter in such jail for such period, not exceeding three 
months from the date of the order, as the Deputy Commissioner may think fit, unless within such period 
the arrear is paid. 

97. Procedure in sales of moveable property.—Attachments and sales of moveable property made 
under this chapter shall be conducted as nearly as may be according to the law for the time being in force 
for the attachment and sale of moveable property under the decree of a Civil Court. 

98.  Management  of  mahal,  share  or  land  attached  under  section  94  (c).—After  causing  any 
attachment  to  be  made  under  section  ninety-four,  clause  (c),  the  Deputy  Commissioner  shall  issue  a 

25 

 
proclamation declaring the attachment to be in force, and shall take the attached mahal, share or land under 
his own management, or place it under the management of any agent whom he may appoint for the purpose.  

99. Effect of attachment.—During the continuance of an attachment under section ninety-eight, the 
defaulters shall be excluded from possession of the land attached, and the Deputy Commissioner or the 
agent appointed by him shall have all their rights to manage the land and to realize the rents and profits 
arising therefrom, and shall be bound by all their liabilities as malguzars or proprietors to any subordinate 
proprietors or tenants of such land. 

100.  Profits  of  land  how  applied.—The  surplus  profits  of  such  land,  after  defraying  the  cost  of 
attachment and management, shall be applied, first, to the payment of any revenue becoming due in respect 
of  such  land  during  the  attachment;  and  next,  to  discharging  the  arrear  for  the  recovery  of  which  the 
attachment was made. 

101. Attachment when to cease.—The attachment shall continue until the arrear is paid or realized 

from the profits of the land attached, or the Deputy Commissioner reinstates the defaulters in possession: 

Provided that no attachment shall continue beyond five years from the first day of the agricultural year 

next following its commencement.  

102. Transfer under section 94 (d).—When it is proposed to execute the process mentioned in section 
ninety-four, clause (d), the persons to whom the share or land in respect of which the arrear is due is to be 
transferred shall be required to pay such arrear, or to secure its payment to the satisfaction of the Deputy 
Commissioner. 

No such transfer shall be made for a term exceeding fifteen years from the first day of the agricultural 

year next after the date on which it is sanctioned by the Chief Commissioner. 

Joint and several liability not affected by transfer.—No proceedings taken under this section shall 
affect the joint and several liability of the malguzars of the mahal for arrears accruing in respect of such 
mahal subsequently to the transfer of the share or land, except that, as regards all such arrears, the transferee 
shall stand in the place of the malguzar whose share or land is transferred.  

103.  Procedure  after  receipt  of  sanction  to  annulment  of  settlement.—When  the  Chief 
Commissioner sanctions the annulment of the settlement of any mahal, the  Deputy Commissioner shall 
proclaim such annulment, and may then exclude the defaulters from the possession of the mahal, and either 
manage the mahal or any portion thereof himself or through an agent, or let the mahal or any portion thereof 
in farm for such term and on such conditions as the Chief Commissioner directs: 

Provided that no management or farm under this section shall continue for a longer period than fifteen  

years from the first day of the agricultural year next after the proclamation of annulment of settlement. 

After the date of such proclamation no liabilities shall accrue under the settlement so annulled; but such 

annulment shall not affect anything done or any liability incurred under the settlement before such date. 

104. Case of a portion of a mahal being managed or farmed.—When a portion only of the mahal is 
managed or let in farm under section one hundred and three, the rest of such mahal shall be separately 
resettled with the proprietors thereof for the remainder of the term of settlement. 

105. Settlement on expiry of management or farm.—As soon as the management or farm of any 
mahal or portion thereof has come to an end, the Deputy commissioner shall offer to the persons entitled 
under section forty-nine to an offer of assessment a new assessment of the land, on such conditions as the 
Chief Commissioner may direct, for the remainder of the term of the settlement of the mahel; and, if such 
offer is refused, may, with the previous sanction of the Chief Commissioner, let such mahal or portion in 
farm for the remainder of the term of settlement to some other person, or manage it himself or through an 
agent for such period.  

26 

 
106.  Effect  of  Annulment  of  settlement.—No  leases,  liens  or  other  incumbrances  created  by  the 
defaulters, or by any person through or under whom they claim, of, or upon any land managed or let in farm 
under  this  Act,  shall,  during  such  management  or  farm,  be  binding  upon  the  Deputy  Commissioner  or 
Settlement-officer, his agent or lessee.  

107. Saving of rights in sir-land.—No defaulter shall be deprived of the possession of his sir-land in 
the execution of any of the processes mentioned in section ninety-four, clauses (c), (d) and (e); but every 
such defaulter shall, while such process is being enforced, be entitled to retain possession of, and liable to 
pay rent for, such land as if he were an absolute occupancy-tenant, at such rent as may be fixed by the 
Deputy Commissioner.  

108. Nature of estate taken by purchaser of land sold for arrears due thereon.—Unless the Chief 
Commissioner in sanctioning the sale otherwise directs, a purchaser of any land sold for arrears of revenue 
due in respect their of acquires the full proprietorship or superior or inferior proprietorship of it, as the case 
may be, free of all leases, liens and other incumbrances; and all grants or contracts previously made by any 
person other than the purchaser in respect of such land shall become void as against such purchaser. 

Nothing in this section shall— 

(a) affect the rights of any proprietor, superior or inferior to the defaulters, or of any malik-makbuza 
or occupancy-tenant, who does not derive his rights as such proprietor, malik-makbuza or tenant from 
express contract with such defaulters, or any person through whom they claim; or  

(b) apply to lands held under leases at fair rents for the erection thereon of dwelling-houses, places 
of worship or manufactories, or for working mines, minerals, coals and quarries, or for laying out and 
maintaining  gardens  and  burial-grounds,  or  for  constructing  tanks  and  canals,  so  long  as  the  lands 
continue to be used for the purposes specified in such leases respectively; or   

(c) deprive any defaulter whose property is sold of the rights in respect to his sir-land conferred by 

any law for the time being in force.  

The Chief Commissioner may, from time to time, determine what rents shall be deemed to be fair 

rents within the meaning of this section. 

109. Rules for sale of immoveable property.—When immoveable property is sold under this Act, the 
rules prescribed in sections 287, 288, 293 and 306 to 316, both inclusive, of the Code of Civil Procedure 
shall be followed, except in the following particulars (that is to say):— 

(a) The defaulter may pay the arrear in respect of which the land is to be sold at any time before 

the day fixed for the sale, and on such payment the sale shall be stayed.  

(b) The proclamation directed by the said section 287 shall, when the sale is under clause (f), section 
ninety-four, of this Act, declare that, subject to the provisions of section one hundred and eight, the full 
proprietorship, or superior or inferior proprietorship, as the case may be, is to be sold free from all 
leases, liens, and other incumbrances, and  the certificate mentioned in section 316 of  the said Code 
shall contain a similar statement. 

(c) The last two clauses of the said section 287 shall not apply.  

(d) An appeal from any order under section 312 of the said Code for confirming or setting aside the 
sale shall lie to the Commissioner of the Division, and an appeal from the Commissioner's order on 
such appeal shall lie to the Chief Commissioner. 

(e) The Deputy Commissioner may, from time to time postpone any sale which he has proclaimed,  

reporting such postponement to the Commissioner of the Division. 

(f) Section 309 of the said Code shall be read as if, after the words “for such payment,” the words 

“and every sale of such property made after a postponement” were added. 

27 

 
(g) Section 313 of the said Code shall not apply to sales under section ninety-four, clause (f), of 

this Act. 

(h) Section 316 of the said Code shall be read as if the words “The Deputy Commissioner shall 

place the purchaser in possession of the lands which he has purchased” were added thereto. 

110. Pre-emption at sales.—In the course of a sale under section ninety-four, clause (f), if the property 
is knocked down to a stranger, the following persons may claim to take it at the sum last bid in the following 
order:— 

(a) any malguzar who has paid the  revenue which, as between him and the other malguzars, is 

payable by him;   

(b) if the superior proprietorship is sold, the inferior proprietor;  

(c) if the inferior proprietorship is sold, the superior proprietor; 

Provided that such claim is made before the officer conducting the sale closes the sitting at which 
the sale is held, and that the claimant undertakes to fulfil all the conditions of the sale binding on the 
purchaser. 

111.  Application  of  proceeds  of  sale  of  immoveable  property.—The  proceeds  of  every  sale  in 
execution of any process mentioned in section ninety-four shall be applied, first, in satisfaction of the  arrear 
on account of which the sale was held and of the expenses of such sale; secondly, to the payment of any 
other arrear due to Government by the defaulter; and the surplus, if any, shall then be payable to him, or, 
where  there  are  more  defaulters than  one,  to  such  defaulters  according  to  their respective  shares  in the 
property sold.  

112. Costs recoverable as part of arrear.—The costs of serving a notice of demand under section 
ninety-three and of enforcing any process mentioned in section ninety-four shall be recoverable as part of 
the arrear in respect of which the notice was served and the process was issued. 

113. Matters as to which Chief Commissioner may make rules.—The Chief Commissioner may 

make rules— 

(a) for the guidance of Revenue-officers in issuing notices demand under section ninety-three and 

executing the processes mentioned in section ninety-four;  

(b)  defining  the  classes  of  officers  by  whom  the  processes  mentioned  in  section  ninety-four,               

clauses (a) and (b), may be enforced;  

(c) prescribing the agency by which any of the processes issued under section ninety-four shall be 

executed.   

114. Remedies open to person denying that sum demanded as an arrear is due.—Notwithstanding 
anything contained in section ninety-two, when proceedings are taken under this Act for the recovery of an 
arrear, the person against whom such proceedings are taken may, if he denies that the arrear or any part 
thereof is due pay the same under protest made at the time of payment and duly signed by him or by his 
agent, and institute a suit in the Civil Court for the recovery of the amount which he denies to be due.  

Realization of Revenue by Malguzars. 

115. Limitation of right to set off, &c., in suit for arrears.—In a suit for the recovery of an arrear of 
revenue not being revenue payable directly to Government, and in a suit brought by a lambardar to recover 
the amount of any revenue payable to Government through him, the defendant shall not, except with the 
permission of the Court,— 

(a)  Set-off  against  the  plaintiff's  demand  any  sum  of  money  recoverable  by  him  from  the                    

plaintiff; or 

28 

 
(b) claim credit for any payment purporting to have been made on account when such payment was 

made before the date on which the amount thereof became due. 

116.  Recovery  of  arrear  through  Deputy  Commissioner  instead  of  by  suit.—Any  lambardar  or            

sub-lambardar  entitled  to  recover  an  arrear,  or  any  malguzar    whom  sue  an    arrear  is  due  under  a                                    
sub-settlement, may, before instituting a suit for the recovery thereof, apply to the Deputy Commissioner  
to recover such arrear on his behalf as if it were an arrear of revenue payable directly to Government. 

The  Deputy  Commissioner  may,  if  he  thinks  fit,  comply  with  such  application,  but  shall,  before 
compliance therewith, give to the persons who would be defendants if a suit were instituted for the recovery 
of such arrear, opportunity to show cause against the order which he proposes to make. 

The  Deputy  Commissioner  shall  not  be  made  a  defendant  to  any  suit  instituted  under  section                                    

one hundred and fourteen in respect of an arrear as to which an order has been made under this section. 

No person on whose account the Deputy Commissioner proceeds under this section to recover an arrear 

shall thereby be relieved of his responsibility for such arrear. 

117. Saving of right of magluzar to demand revenue of land assessed to revenue and held free.— 
Nothing in the Indian Limitation Act, 1877, and no agreement made after this Act comes into force, 
shall bar the right of the malguzars of any mahal assessed with land-revenue to demand revenue, in 
respect  of  any  land  which,  having  been  taken  into  account  in  such  assessment,  has  been  held  by                 
any, person without payment of revenue. 

The Chief Commissioner may, in his discretion, exempt any case from the operation of this section. 

118.  Limitation  in  suits  for  revenue.—No  suit  for  the  recovery  of  revenue  payable  under  a 
settlement or sub-settlement shall be instituted after three years reckoned from the date on which such 
revenue becomes payable.  

In  other  respects  the  limitation  of  such  suits  shall  be  governed  by  the  Indian  Limitation                           

Act, 1877. 

Interest on Arrears. 

119.  Interest  on  arrears.—  Interest  shall  not  be  charged  on  an  arear  of  revenue  unless  the  Chief 
Commissioner, by general or special order, so directs; provided that the Court may award interest at such 
rate as it thinks fit on sums payable under a sub-settlement. 

______ 

CHAPTER IX. 
OF REVENUE AND VILLAGE RECORDS. 

120. Correction of record-of-rights.—Any entry in the record of rights may, after such record has 
been made over to the Deputy Commissioner, be corrected by the Deputy Commissioner on the application 
of  any  person  interested,  or  of  his  own  motion.  Such  correction  may  be  made  on  one  or  more  of  the 
following grounds and on no others:— 

(a) that all persons interested in such entry wish to have it corrected; or  

(b) that by a decree in a suit brought under section eighty-three it has been declared to be erroneous; 

or    

(c)  that,  being  founded  on  a  decree  or  order  of  a  Civil  Court,  or  on  the  order  of  a  Revenue  or 

Settlement-officer, it is not in accordance with such decree or order; or 

29 

 
 
 
 
 
 
(d)  that,  being  founded  on  such  decree  or  order,  the  order  or  decision  has  subsequently  been 

modified on appeal or review, or has been revised by the Chief Commissioner. 

121.  Revision  of  record  in  accordance  with  provision  therein  contained.—The  Deputy 

Commissioner may revise a record-of-rights when such revision is provided for in such record. 

122. Powers of Deputy Commissioner as to correction of entry or revision of record.—When the 
Deputy Commissioner takes proceedings for the correction of any entry in the record-of-rights or for the 
revision of such record-of-rights, he shall exercise, for the purpose of such correction or revision, all the 
powers which the Chief Settlement-officer might have exercised if the proceedings had been taken whilst 
the settlement was in progress. 

123.  Power  to  direct  that  rule  or  custom  entered  in  record-of-rights  shall  be  enforced  by 
Government—The  Chief  Commissioner  may,  in  his  discretion,  by  notification  in  the  Official  Gazette, 
direct  that  any  specified  rule,  custom  or  condition  duly  entered  in  the  record-of-rights  of  any  specified 
village shall be enforced by the Government. 

 Punishment of violation of such rules or custom.— If any of the persons with whom a settlement or 
sub-settlement has been made, violate or neglect any rule, custom or condition with respect to which the 
Chief Commissioner has made a direction under this section, the Deputy Commissioner may, if no penalty 
is provided by any law for the time being in force  for such violation or neglect, recover from such person 
a penalty not exceeding two hundred rupees. 

124. Suit to set aside proceedings under section 123.—Any person against whom proceedings have 
been taken under section one hundred and twenty-three may institute a suit against Government to set aside 
such proceedings on the ground that no rule, custom or condition was, in fact, violated or neglected. If the 
Court finds that no rule, custom or condition has been violated or neglected, it may by its order annul such 
proceedings, and direct that any penalty paid by the plaintiff be refunded; and may also award to him such 
costs as he has necessarily incurred in the proceedings, and such further sum as compensation as it thinks 
fit. 

125.  Powers of Chief Commissioner as to registration of changes after preparation of record-of- 

rights.—The Chief Commissioner— 

(a) direct that the mukaddam of each village shall, for the purpose of showing the changes occurring  
therein subsequently to the preparation of the record-of-rights, prepare, or, where there is a patwari, 
cause to be prepared, and furnish, annually for such village, papers in such form at such time, containing 
such  particulars,  and  attested  in  such  manner,  as  the  Chief  Commissioner  may,  from  time  to  time, 
prescribe;  

(b) lay down the procedure to be followed in order to ascertain that a change has occurred in the 

village, and the nature of such change.  

All changes referred to in this section shall be recorded in such registers as the Chief Commissioner 
appoints,  and  not  in  the  record-of-rights,  and  the  Chief  Commissioner  may  direct  that,  before  any 
specified changes are recorded, the order of a specified Revenue-officer shall be obtained in this behalf. 

126. Possession of proprietary rights to be notified.—All persons lawfully entering into possession 
of proprietary rights and interests in any land shall, within a reasonable time, give notice of such entry to 
the Tahsildar of the tahsil in which such land is situated. 

If any question arises whether any right or interest is a proprietary right or interest within the meaning 

of this section, the decision thereof by the Chief Commissioner shall be final. 

Notice to be given by guardian in case of minority or idiotcy.—If the person so entering is a minor, 
lunatic or idiot, the guardian or other person who has charge of his property shall give the notice require by 
this section. 

30 

 
127. Fine for neglect to give notice of possession.—Any person neglecting to give the notice required 
by section one hundred and twenty-six shall  be liable, at the discretion of the Deputy Commissioner or 
Assistant Commissioner, to fine which may extend to fifty rupees for each day during which such neglect 
continues. 

128.  Obligation  to  aid  in  preparation  of  village-papers.—All  persons  being  in  possession  of 
proprietary rights in land shall, on being so required by the Deputy Commissioner, prepare, or cause to be 
prepared, such papers, and furnish such information, as may be required for the preparation of the village-
papers prescribed under section only hundred and twenty-five. 

129. Fees for recording changes;—The Chief Commissioner may direct that fees shall be leviable 
when changes are recorded under the last clause of section one hundred and twenty-five, and may fix the 
amount of such fees. 

from whom leviable.—All fees so leviable shall be levied from the person in whose favour the change 

is made. 

130. Annual enquiry regarding land held free from revenue.—The Deputy Commissioner shall in 
each year make enquiry regarding all cases in which land has been granted by Government, conditionally 
or for a time, free, wholly or in part, from the payment of revenue. 

Procedure  on  breach  of conditions  of  grant.—If  it appears  to  the  Deputy  Commissioner that  the 
conditions of any grant have been broken by the grantee, he shall report the case through the Commissioner 
of the division for the orders of the Chief Commissioner, who may direct that the land be assessed, or may 
pass such other order as he thinks fit.  

Procedure on expiry of term of grant.—If it appears to the Deputy Commissioner that the term of 
any such grant has expired, or ( when the grant is for a life or lives) if the person last entitled to hold the 
land comprised in the grant, free from revenue, or at less than full revenue-rates, has died, he shall assess 
the same, and shall report his proceedings through the Commissioner of the division for the sanction of the 
Chief Commissioner. 

131.  Inspection  of  revenue-records.—All  records  kept  under  this  Act  shall  be  open  to  public 
inspection at such times, and on such conditions as to fees or otherwise, as the Chief Commissioner from 
time to time directs. 

CHAPTER X. 
OF CERTAIN ADDITIONAL POWERS AND FUNCTIONS OF 
REVENUE-OFFICERS. 

132. Purposes for which, when settlement is not in progress, Deputy Commissioner shall exercise 
Settlement-officers’  powers.—The  Deputy  Commissioner  shall,  when  a  settlement  is  not  in  progress, 
exercise the powers conferred by this Act on Settlement-officers for the following purposes:— 

(a) causing boundary-marks to be erected· or repaired, and recovering the. cost of such erection 

and repair;  

(b) assessing land-revenue on lands which are liable to assessment, but have not been assessed; 

(c) declaring any. local area to be a mahal; 

(d) settling lands from which the proprietors were excluded at settlement and to which they have 

been or are about to be re-admitted; 

(e) settling mahals in respect of which an application has been made under the third proviso to 

section fifty-six; 

(f) dealing with claims to hold land wholly or partially free from revenue as against the malguzars; 

31 

 
(g) assessing lands gained by alluvion; 

(h) ascertaining and recording village-cesses which are levied when this Act comes into force, but 

have not been recorded at the settlement. 

133. Purposes for which officers may be in-vested with Settlement-officers’ powers.—The Chief 
Commissioner may, during the currency of a settlement, invest any officer with the powers conferred on a 
Settlement-officer by sections  forty, forty-one and forty-two; or, 

with the sanction of the Governor General in Council, with any other of the powers which are by this 
Act conferred on a Settlement-officer; but not so as to enable him to enhance the amount of an assessment 
in force under section fifty-six. 

134. Cognizance of, and penalty for, offence of injuring boundary-marks.—Any person wilfully 
erasing, removing  or damaging a boundary-mark  may be ordered by the Deputy Commissioner or by a 
Tahsildar  or  naib  Tahsildar  empowered  by  the  Chief  Commissioner  in  this  behalf  to  pay  to  the  officer 
making the order, in addition to any fine to which such person would be liable under section 434 of the 
Indian Penal Code, such sum, not exceeding fifty rupees, as may in the opinion of such officer be necessary 
to defray the expense of restoring the same, and of rewarding the person (if any) who gave information of 
such erasure, removal or damage.  

135. Procedure when person injuring cannot be found.—Whenever the person erasing, removing 
or damaging such mark cannot be discovered, or if for any other reason it is found impracticable  to recover 
from him the sum which he has been ordered to pay, the mark shall be re-erected or repaired at the cost of  
the  proprietors,  mortgagees  or  framers  of  such  one  or  more  of  the  adjoining  lands  as  the  Deputy 
Commissioner thinks fit. 

136. Partition of mahal into two mahals.—Any malguzars of a mahal who are not co-sharers with 
the malguzars of such mahal in any lands comprised in such mahal, except such lands as are under the law 
relating to partition the time being in force indivisible, may apply to the Deputy Commissioner to make the 
lands held by them separately from such other malguzars a separate mahal; and the Deputy Commissioner 
shall thereupon make such lands and the lands held separately by the remaining malguzars separate mahals, 
and shall, with the previous sanction of the Commissioner, apportion between the two new mahals thus 
constituted the entire revenue assessed upon the original mahal. 

______ 

CHAPTER XI. 
VILLAGE-OFFICERS AND PATWARIS. 

137. Power to make rules as to officers.—The Chief Commissioner may make rules regulating the 

appointment, remuneration, suspension and removal of lambardars, sub-lambardars and mukaddams: 

Provided that, except with the previous sanction of the Governor General in Council, proprietors, other 
than malik-makbuzas, shall not be liable to pay, on account of the aggregate remuneration of lambardars or 
sub-lambardars and mukaddams, a sum exceeding five per cent. on the land-revenue which is assessed on 
their  land,  or  which,  when  their  land  is  free  from  revenue,  would,  in  the  judgment  of  the  Deputy 
Commissioner, be assessed on their land if it were subject to assessment.  

In framing rules for the appointment under this section of lambardars and sub-lambardars for any mahal, 
the Chief Commissioner shall have regard among other matters to local custom and hereditary claims, and 
to entries on the subject in the record-of-rights of such mahal.  

In every village in which there are resident malguzars, one of such malguzars shall be the mukaddam. 

32 

 
 
 
 
138. Duties of lambardars.—It shall be the duty of every lambardar and sub-lambardar— 

(a) to collect and pay into the Government Treasury so much of the land-revenue as may under 

section  seventy-one  be  payable  through  him,  either  solely  or  jointly  with  other  lambardars  or                     
sub-lambadars;  

(b)  to  collect  and  pay  to  the  mukaddam,  or  into  the  Government  Treasury,  as  the  Deputy 
Commissioner may direct, all sums of money payable through him, either solely or jointly with other 
lambardars or sub-lambardars, by the proprietors whom he represents, on account of the remuneration 
of the mukaddam, patwaris or village-watchmen, or on account of any expenses which the mukaddam 
is authorized to recover from the lambardars or sub-lambardars of his village; 

(c) to assist the mukaddam in obtaining all particulars which he is bound to enter in the annual 

village-papers, or to report under this Act. 

139.  Lambardars  may  recover  free  and  other  charges  from  proprietors.—Together  with  the                 

land-revenue, lambardars and sub-lambardars may recover from the proprietors whom they respectively 
represent— 

(a) any remuneration to which they are entitled as such; and  

(b)  the  sum  which,  under  section  one  hundred  and  thirty-eight,  they  are  bound  to  pay  to 

mukaddams:   

Provided  that  no  such  recovery  shall  made  from  malik-makbuzas  paying  a  percentage  which 

includes remuneration to mukaddams and lambardars. 

140. Deputy Commissioner may alter channel through which malik-makbuza pays revenue.— 
On the application of any malik-makbuza or other like holder of land, or of the lambadar or sub-lambardar 
through whom such malik-makbuza or other holder of land pays the revenue assessed on his holding, the 
Deputy Commissioner may, for sufficient cause shown, order that such revenue be paid through any other 
lambardar or sub-lambardar, or that it be paid into the Government Treasury. 

Effect of order for payment of revenue direct to Government.—When the Deputy Commissioner 
orders such payment to be made into the Government Treasury, such portion of the percentage fixed under 
section sixty-four as the Deputy Commissioner, subject to the control of the Chief Commissioner, may 
determine, shall be so paid, and the malik-makbuza or other person shall pay the rest to the mukaddams on 
account of their fees and the other village-expenses. 

141. Duties of mukaddams.—It shall be the duty of every mukaddam— 

(a) to control and superintend the village-patwari and village-watchmen; to report their deaths or 
absence  from  duty;  to  maintain  them  in  the  possession  of  any  lands  appertaining  to  their  office;  to 
recover and pay to them any cash allowances to which they may be entitled; and to take such steps as 
may be necessary to compel them to perform their duties; 

(b)  to  furnish  reports  regarding  the  state  of  his  village,  at  such  places  and  times  as  the  Deputy 

Commissioner fixes in this behalf;  

(c) to report and, if possible, to prevent encroachments on the public paths and roadways in his 

village;  

(d) to preserve such stations and marks erected in his village by Government-surveyors as may be 

made over to his care;  

(e) subject to any rules issued by the Chief Commissioner, to keep his village in good sanitary 

condition; 

33 

 
(f) to report violations of any rules which the Chief Commissioner may make for the preservation 
of underwood, forests and trees growing on the village-lands, and for securing to persons entitled to cut 
wood and enjoy other privileges in the waste-lands of the village the rights to which they are entitled;     

(g) to collect, or aid in the collection of, all payments due to Government in his village;  

(h) to report all births and deaths taking place in his village. 

The Chief Commissioner may make rules— 

(1) adding to the list of duties which a mukaddam is required to perform under this section; and  

(2) regulating the liability of persons residing in any village for charges necessarily incurred by 
mukaddams in the performance of the duties specified in clause (e) in respect of such village, and for 
apportioning such charges among such persons; and 

(3) determining the officers to whom reports under this section shall be made. 

142.  Liabilities  imposed  by  law  on  land-holders  to  attach  to  mukaddams.—When,  by  any 
enactment for the time being in force, any public duties are imposed on, or public liabilities are declared to 
attach to, landholders, their managers and agents and the like, such duties shall be deemed to be imposed 
on, and such liabilities shall be held to attach to, mukaddams appointed under this Act: 

Provided that nothing herein contained shall discharge landholders, their managers or agents, or the 

like, from any liabilities imposed upon them by law. 

143. Power of mukaddams to recover certain expenses incurred.—Every mukaddam may recover 
from  the  lambardars  or  sub-lambardars  of  the  village  to  which  he  is  appointed  his  own  remuneration, 
together with any expenses necessarily incurred in the performance of his duties. 

144. Chief Commissioner may make rules as to patwaris.—The Chief Commissioner may  make 

rules—  

(a) regulating the manner in which patwaris are to be selected; prescribing the conditions under 
which they may be appointed; and fixing the limits of their circles and the nature, mode and amount of 
their remuneration; 

(b)  prescribing  the  conditions  under  which  substitutes  may  be  appointed  for  persons  having 

hereditary claims to the office of patwari, when such persons are unable to act; 

(c) prescribing the fines which may be imposed on patwaris and their substitutes for neglect of their 

duty, and stating the circumstances under which they may be suspended or removed: 

Provided that, except with the previous sanction of the Governor General in Council, no proprietor shall 
be compelled to pay as remuneration to patwaris a sum exceeding six per cent. on the revenue for the time 
being assessed on his land, or which, when his land is free from revenue, would, in the judgment of the 
Deputy Commissioner, be assessable on his land if it were liable to assessment. 

145.  Chief  Commissioner  may  make  rules  for  guidance  of  Deputy  Commissioners  in  certain 
matters.—The Chief Commissioner may make rules for the guidance of Deputy Commissioners in dealing 
with  cases  where,  at  the  time  of  making  the  settlement  next  before  this  Act  comes  into  force,  the 
maintenance of patwari was made optional, and the persons settled with are unable to agree as to whether 
a  patwari  should  be  maintained,  and  for  dealing  with  cases  where  no  patwari  is,  under  such  option, 
maintained and the mukaddams proprietors have made default in the performance of the duties of a patwari. 

Such rules may empower the Deputy Commissioner, in the latter class of cases— 

(a) to impose fines not exceeding fifty rupees on such mukaddams or proprietors, and therefrom to 
make provision for the temporary performance of the duties in respect of which they have made default;  

34 

 
(b) to appoint patwaris in the villages of such proprietors, either for the term of the settlement or 

for any shorter term, and to fix the remuneration of such patwaris. 

Nothing in the proviso to section one hundred and forty-four shall apply to patwaris so appointed. 

146. Chief Commissioner may define duties of patwaris.—The Chief Commissioner may make rules 

prescribing the duties of patwaris— 

(a) towards the Government; and may in such rules determine the registers, returns or other papers 
which they shall keep or furnish, the forms and language in which such registers and returns are to be 
prepared, the mode of their preparation and attestation, and the dates on which they are to be furnished;  

(b) towards the members of the village-community; and may in such rules fix the remuneration,                  

if any, other than the fixed emoluments of their office, which the patwaris may demand in respect of 
the performance of such duties. 

Patwaris papers to be public documents.—All records and papers which patwaris are required to 
prepare or keep by any rule made by the Chief Commissioner under this section shall be deemed to be 
public  documents  within  the  meaning  of  the  Indian  Evidence  Act,  1872,  and  to  be  the  property  of 
Government. 

147.  Patwaris  to  produce  papers  for  inspection,  and  allow  copies  to  be  made.—Patwaris  shall 
produce at all reasonable times, for the inspection of all persons interested therein, all records and papers 
which they are so required to prepare or keep, and shall allow such persons to make copies of such records 
and papers.  

148.  Existing  officers  confirmed.—All  existing  lambardars,  sub-Iambardars,  mukaddams  and 
patwaris shall, unless the Chief Commissioner in any specified case otherwise directs, be deemed to have 
been appointed under this Act. 

149. Lambardars’ and other officers’ dues recoverable as arrears.— Any sums which lambardars, 
sub-Iambardars, mukaddams and patwaris are entitled to recover or demand under this chapter may, if the 
Deputy Commissioner so directs, be recovered in the same manner as an arrear of revenue payable directly 
to the Government. 

150.  Holders  of sir-land  in  Sambalpur  to  provide for  remuneration  of  mukaddams.—  In  each 
village  of  the  district  of  Sambalpur  all  persons  holding  sir-land,  other  than  mukaddams,  are  bound  to 
provide for the due remuneration of the mukaddam of the village; and the Chief Commissioner may make 
rules for the enforcement of this obligation. 

______ 

PART V. 
CHAPTER XII. 
MISCELLANEOUS. 

151.  Right  to  mines  and  quarries.—Unless  it  is  otherwise  expressly  provided  in  the  records  of  a 
settlement or by the terms of a grant made by the Government, the right to all mines, minerals, coals and 
quarries, and to all fisheries in navigable rivers, and the right to extract sap from all palmyra and cocoanut 
trees, shall be deemed to belong to Government; and the Government shall have all powers necessary for 
the proper enjoyment of such rights: 

Provided that, whenever in the exercise by the Government of the rights herein referred to over any 
land, the rights of any persons are infringed by the occupation or disturbance of the surface of such land, 
the Government shall pay to such persons compensation for such infringement, and the amount of such 
compensation  shall  be  determined  as  nearly  as  may  be  in  accordance  with  the  provisions  of  the  Land 
Acquisition Act, 1870. 

35 

 
 
152. Exclusive jurisdiction of Revenue authorities, Matters excepted from jurisdiction of Civil 

Courts.—Except as otherwise hereinbefore provided,— 

(a) no Civil Court shall entertain any suit instituted, or application made, to obtain a decision or order 
on any matter which the Governor General in Council, the Chief Commissioner or a Revenue or Settlement-
officer is, by this Act, empowered to determine or dispose of; and in particular 

(b) no Civil Court shall exercise jurisdiction over any of the following matters: 

(1) any matters provided for in sections forty, forty-one, forty-two and eighty-nine, as to waste-

lands: 

(2) the claim of any person to have an assessment offered to, or sub-settlement made with, him: 

(3) the amount of revenue or rate to be assessed on any mahal, share or portion of a mahal under 

this or any other Act for the time being in force:  

(4)  questions  as  to  the  validity  of  any  engagement  with  Government  for  the  payment  of  land 

revenue,  or  of  any  agreement  entered  into  by  superior  or  inferior  proprietors  in  a  settlement  or                    
sub-settlement:  

(5) claims connected with or arising out of any process enforced on account of refusal to accept the 
assessment  offered  in  a  settlement  or  sub-settlement  by  the  Settlement-officer  or  Deputy 
Commissioner: 

(6) the amount of the allowance or rent fixed under section sixty-one or sixty-two: 

(7) the redistribution according to established custom, by a Settlement-officer, of land comprised 

in a mahal: 

(8)  the  formation  of  the  record-of-rights,  the  preparation,  signing  or  attestation  of  any  of  the 

documents contained therein, or the notification of settlement: 

(9) any matters provided for or referred to in sections seventy-three, seventy-four or one hundred 
and thirty as to lands held or claimed to be he1d free from revenue, except rights arising under any 
contract between the Government of India and grantees of land: 

(10) claims connected with, or arising out of, the collection of revenue, or any process enforced on 
account of an arrear of revenue, or on account of any sum which is under this or any other Act realizable 
as revenue:  

(11) claims to set aside, on any ground other than fraud, sales for arrears of revenue: 

(12) corrections of entries revisions of records under sections one hundred and twenty, one hundred 

and twenty-one and one hundred and twenty-two: 

(13) claims to have a partition and apportionment made under section one hundred and thirty-six, 
and questions as to the distribution or apportionment under that section of the land or of the revenue of 
a mahal: 

(14) claims to the office of patwari, lambardar, sub-lambardar or mukaddam, or in respect of any 

injury caused by exclusion therefrom, or to compel the performance of the duties thereof: 

(15)  claims  to  compel  the  performance  of  any  duties  imposed  by  this  Act  on  any  Revenue  or 

Settlement-officer. 

In all the above cases jurdisdiction shall rest with the Revenue-authorities only. 

153. For what village-cesses suit lies.—No suit shall lie in any Civil or Revenue Court for the recovery 
of any village-cess which has not been sanctioned by the Chief Commissioner and also either recorded at a 
settlement or under section one hundred and thirty-two, clause (h). 

36 

 
154.  Limitation  of  claims  for  compensation  in  case  of  waste-land  demarcated  as  property  of 
Government.—Whenever, at any settlement made before this Act comes into force, waste-1ands have been 
demarcated as the property of Government, no claim of any person to, or in respect of, such lands shall be 
entertained by any Civil Court after the expiration of three years from the date of such demarcation. 

155. Restriction on Revenue and Settlement-officers trading and holding land.—No Revenue or 
Settlement-officer, and no person employed in any Revenue or Settlement office, shall, except with the 
express permission of the Chief Commissioner,—  

(a)  engage  in  trade,  or  be  in  any  way  concerned,  directly  or  indirectly,  in  any  commercial 
transaction, or in the purchase or hiring of land, in the district to which he is appointed, or in which he 
is employed;  

(b) purchase or bid for, either in person or by agent, in his own name or in that of another, or jointly 
or in shares with others, any property which may be sold by order of any Revenue-authority in such 
district.  

The Chief Commissioner may delegate to Commissioners of divisions or to Deputy Commissioners the 

power of granting the permission mentioned in this section in the case of any specified class of officers.  

Nothing in this section shall be deemed to preclude any person from becoming a member of a company 

incorporated under the Indian Companies Act, 1866. 

156.  When  mahal  managed  or  farmed,  or  upon  proclamation  under  section  98  or  103,  rent 
payable  to  Deputy  Commissioner.  Payment  to  proprietor  in  anticipation  of  due  date.—When  any 
mahal is managed or let in farm under section fifty-seven or fifty-eight, or when either of the proclamations 
mentioned in sections ninety-eight and one hundred and three has been made, all sums due to the proprietor 
in respect of the mahal, share or land mentioned in any of the said sections shall be payable only to the 
Deputy Commissioner or Settlement-officer, his agent or lessee; and no payment made to such proprietor 
in anticipation of the usual period for such payment shall, without the sanction of the Deputy Commissioner 
or Settlement-officer, be credited to the person making the same in account with the Deputy Commissioner 
or Settlement-officer, his agent or lessee.  

157. Recovery of balances due by farmers.—When any land has been let in farm under the provisions 
of this Act, any revenue due from the farmer in respect of such land may be recovered from  him or his 
surety as an arrear of revenue payable directly to Government. 

158. Recovery of revenue due when Act comes into force; and of money payable under Act.—All 
land-revenue  due  when  this  Act  comes  into  force,  and  all  penalties  or  other  moneys  payable  to,  or 
recoverable by, an officer of Government under this Act, shall be recovered from the persons from whom 
they are due and from the sureties if any of such persons as if such land-revenue, penalties or moneys were 
an arrear of revenue payable directly to Government due under this Act by such persons and their sureties.  

159. Past proceedings for collection of revenue legalized.—All proceedings taken before this Act 
comes into force for the collection of the land-revenue or the realization of arrears thereof shall be deemed 
to have been taken in accordance with law.  

160.  Chief  Commissioner  may  empower  persons  by  name,  or  confer  powers  on  classes.—In 
conferring powers under this Act the Chief Commissioner may empower persons by name or classes of 
officials generally by their official titles. 

161. Chief Commissioner may vary or cancel orders.—The Chief Commissioner may vary or cancel 

any order conferring powers under this Act.  

162.  Chief  Commissioner  may  make  rules  and  attach  penalty  to  breach  thereof.—The  Chief 
Commissioner may, with the previous sanction of the Governor General in Council, make rules consistent 
with this Act for carrying out its provisions, and may attach to the breach of any such rule, or of any other 

37 

 
rule made by him under this Act, a penalty which may extend to two hundred rupees, or, when such breach 
is a continuing breach, to fifty rupees for each day during which such breach continues. 

All powers to make rules conferred by this Act on the Chief Commissioner shall be exercised subject 
to the control of the Governor General in Council, and may be exercised from time to time as occasion 
requires. 

No rule made by the Chief Commissioner under this Act shall take effect until it has been published in 

the local official Gazette.  

All such rules, when so published, shall have the force of law. 

38 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Number and year. 
Act XII of 1841. 

Act I of 1847 

Act XXXI of 1858. 

SCHEDULE. 
(See section 2.) 
ENACTMENTS REPEALED. 

Title. 
For amending the Bengal Code 
in regard to sales of land for 
arrear of revenue. 
For the establishment and 
maintenance of boundary-marks 
in the North-Western Provinces 
of Bengal. 
To make further provision for 
the settlement of land gained by 
alluvion in the Presidency of 
Fort William in Bengal. 

Extent of repeal. 
So much as has not been 
repealed. 

The whole. 

The whole. 

39 

 
 
 
 
