The Bombay Land Revenue Manual
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THE BOMBAY
LAND REVENUE MANUAL
CONTAINING
The Bombay Land Revenue Code
(Bombay Act No V of 1879)
WITH
ALL AMENDMENTS, EXPLANATORY NOTES, EXHAUSTIVE ANNOTATIONS AND GOVERNMENT RESOLU- TIONS UPTO DATE AND FULL INDEX
AND
The Revised Rules thereunder
WITH Explanatory notes and corrected upto 1st June 1934:,
TOGETHER WITH
(Hh* > At-'l* reJu'!n<) fo Kerctmr niafttrx and A /,/>/ <>/'
Cmirt fcr, x
BT
D. G. KHANDEK A
LAW PUBLISHER, FOONA
1
THIRD EDITION
All Rights reserved
Prkifcd and published by B. Q. KHANDEKA.R at hia LAW PRnrnwo 1317, Kasba Poth, Poona Oitv FOONA..
1934.
Price Rs. 5
CONTENTS
1. The Bombay Land Revenue Code (Bom. Act V of 1819) and
the Rales thereunder.
2. The Revenue Jurisdiction Act (X of 1876).
3. The Survey Settlement Act (I of 1865)
4. The Revenue Recovery Act (I of 1890)
5. The Irrigation Act (Bom. Act VII of 1879)
6. The Suits for Lands Act (XVI of 1838)
7. The Bhagdari and Narwadari Act (Bom. Act V of 1862)
8. The Gujarat Talukdars Act (Bom. Act VI of 1888)
9. The Broach and Kaira Incumbered Estates Act (XIV of 1877)
10. The Broach and Kaira Incumbered Estates Act (XXI of 1881)
11. The Ahmedabad Talukdars Act (Bom. Act VI of 1863)
12. The Khoti Settlement Act (Bom. Act I of 1880)
THE LAND BEYENtfE CODE, 1879
CONTENTS
SEOEION
CHAPTER I. PRELIMINARY.
1. Short Title, Local extent.
2. (Repealed).
3. Interpretation Section Revenue officer, Survey officer, Land, Estate, Survey Number, Sub-division of a survey num- ber, Chavdi, Building-site, Boundary-mark, To hold land, land holder, holder, Holding, Superior holder, Inferior holder, Tenant, Landlord, Occupant, Occupancy, To oc- cupy land, Occupation, Alien- ated, Village, Revenue year, year, Joint holders, joint-occu- pants, Land records, Certified copy, Certified extract.
CHAPTER II.
CONSTITUTION AND POWERS OF REVENUE OFFICERS.
4. Chief controlling authority in revenue-matters.
Extent of territories under the Commissioners. The territories under a Com- missioner to be a division.
5. Appointments and duties of Commissioners.
6. Assistants to Commissioners
7. Division to be divided into districts.
A district to consist of talukas comprising such mahals and villages as Government may direct.
8. Collector of the district.
9. Assistant and Deputy Col- lectors;
to be subordinate to the Col- lector.
10. Their duties and powers.
11. Collector of the district in case of temporary vacancy.
12* The Mamalatdar; his appoint- ment. His duties and powers.
SECTION
13. The Mahalkari;
his duties and powers.
14. Mamlatdar or Mahalkari may depute subordinates to perform certain of his duties.
15. Mamlatdar or Mahalkari in case of temporary vacancy.
16. Stipendiary Patel and Village Accountant to be appointed where no hereditary Patel or Village-Accountant exists. Saving the rights of holders of alienated villages.
17. Village-Accountant to keep such records as he may be re- quired to keep by Collector: and to prepare public writings
18. Survey Officers;
their duties and powers.
19. Combination of offices.
20. Certain officers' appointments to be notified.
Acting appointments.
21. Establishments. 23. Seals.
CHAPTER III. OF THE SECURITY TO BE FURNISHED
BY CERTAIN REVENUE OFFICERS
AND THE LIABILITY OF PRINCIPALS
AND SURETIES.
23. Governor in Council to direct what officers shall furnish security, and to what amount.
24. Fresh or additional security.
25. Demands for money, papers, etc., to be made known in writing to the person concerned Who may be arrested and con- fined in jail if he fail to pro- duce them.
Provided that no person shall be kept in confinement for more than a month*
26. Public moneys may also be re- covered us arrears of revenue; and search warrant may be issued for recovery of papers or property.
ii
SECTION
Persons in possession ofpub- lic moneys, etc v bound to give them np.
27. Surety to be liable in the same manner as principal. Extent of liability. Sureties not liable to impri- sonment, if penalty be paid.
28. An officer or surety in jail may, by furnishing certain se- curity, obtain his release.
J49. Liability of surety not affect- ed by death of principal or by his taking a different appoint- ment.
Liability of heirs of deceased officer.
80. How surety may withdraw from further liability. CHAPTER IV.
OF OBBTAIN ACTS PROHIBITED
TO REVENUE OFFICERS AND OF THEIR PUNISHMENT FOR MINOONDTJOT.
31. Prohibited acts- Not to trade.
Not to purchase at public sale. Not to oe concerned in the re- venue.
Not to make private use of public money or property. Not to make or receive undue exactions or presents.
32. Power of fining, reducing, suspending, and dismissing in whom to vest.
A revenue officer whose mon- thly salary exceeds Rs. 260 to be fined, etc., only by order of the Governor in Council. 83. All such orders to be made in writing.
34. Fine not to exceed two months' pay; how recovered.
35. Appeals.
36. An officer's liability to crimi- nal prosecution not affected by this Act.
Officer may be suspended du- ring trial, and subsequently suspended, reduced, or dis- jDiseed.
SECTION
CHAPTER V.
OF LAND AND LAND REVENUE. 31. All public roads, etc. and all lands which are not the pro- perty of others, belong to Government.
38. Lands ma) 7 be assigned for special purposes, and when assigned, shall not be otherwise used without sanction of the Collector.
39. Regulation of use of pastu- rage.
40. Concession of Government rights to trees in case of settle- ments completed before the passing of this Act.
Ditto, in case of settlements completed after the passing of this Act.
Ditto in case of land taken up after completion of settlement.
41. Government trees and forests.
42. Road-side trees.
43. Recovery of value of trees, etc., nnauthorizedly appropri- ated.
44. Regulation of supply of fire- wood and timber for domestic or other purposes.
45. All land liable to pay revenue unless specially exempted. And special exemption may in case oi necessity oe overruled for a time.
46. Liability of all alluvial lands to land revenue.
47. Assessment of land revenue in cases of diluvion.
48. Manner of assessment and alteration of assessment. Prohibition of use of land for certain purposes.
49. Commuted assessment of land indirectly taxed to the State; and of land liable to occasion- al assessment.
50. Superior holder may recover commuted assessment from Inferior holder.
51. Excess of assessment may be
CONTENTS
SECTION SECTION
laid on land inadequately assessed held with it.
52. Assessment by whom to be fixed. 70. Proviso,
53. Register of alienated lands.
54. /Settlement of assessment to
be made with the holder di- 71. rectly from Government. 72.
55. Rates for the use of water.
56. Land revenue to be a para- 73. mount charge on the land.
57. Forefeited holdings may be 73A taken possession of and other-
wise disposed. 74.
58. Receipts. 75.
59. Penalty for failure to grant 76. receipts.
CHAPTER VI. OF THE GRANT, USB AND RBLIN-
giJISHMKNT OF UlJALIlENATD LAND
60. Written permission of Mam- latdar or Mahalkari required previous to taking up un- occupied land.
Penalties for unauthorized occupation of land.
Unoccupied land may be granted on conditions.
Grant of alluvial land vest- ing in Government.
Temporary right to alluvial lands of small extent.
Uses to which occupant of land for purposes of agricul- ture may put his land. Procedure if occupant wishes to apply his land to any other purpose. 81 .
Fine to be levied for such use 82. in addition to special assess- ment.
66. Penalty for so using land without permission.
Tenant responsible to occu- pant in damages. 83.
67. Permission may be granted on terms.
68. Occupant's rights are con- ditional.
Proviso. 84.
69. Reservation of right of Gov -
61.
62. 63. 64.
6,1
ernmenfc to mines and mineral
products.
Proviso.
Occupancy when not liable to process of Civil Court; the Court to give effect to Collec- tor's certificate.
(Repealed).
Intestate occupancy or hold- ing to be sold.
Occupancy to be transfer- able and heritable. . Power to restrict right of transfer.
Relinquishment.
77.
78.
79.
79A
80.
Relinquishment of land des- cribed in paragraph 1 of sec- tion 49.
Relinquishment of land de- scribed in section 51. Right of way to relinquished land.
Saving of operation of sec- tion 74 in certain cases. (Repealed)
. Summary eviction of per- son unauthorizedly occupying land.
To prevent forfeiture of occu- pancy, certain persons other than the occupant may pay the land revenue. Collector may assist such per- sons in recovering the revenue from other parties liable therefor. Proviso. (Repealed)
Governor in Council empow- ered to suspend operation of section 60 or 74.
CHAPTER VII. OF SUPERIOR AND INFERIOR
HOLDERS.
Amount of rent payable by tenant.
Duration of tenancy. Presumption as to tenure. Saving clause.
Annual tenancy terminates on the 31st March.
OONTBNTS SBOTION
Three moatha' notice of termi- nation of tenancy to be given by landlord to tenant, or vice
84At Order granting suspensions or remissions to inferior holders.
Bach order not to be question- ed in any Court. Consequences following on such order.
Crop-share fixed by custom or agreement.
Meaning of assessment. Bind excluded.
85. Recovery of superior holders' dues.
86. Superior holders entitled to assistance in recovery of dues from inferior holders, etc. But application must be made Within the revenue year or within the year of tenancy.
87. The Collector how to proceed on such application being made.
Assistance may be refused or
granted to a limited extent
only.
Civil suit not to be barred.
88. Commissioner may, by com- missions, confer certain pow- ers on holders of alienated lands.
&9. Form of such commission.
90. Reference must be made by holder of commission to the Collector in certain cases.
91. When compulsory process shall cease.
Penalty for continuing com- pulsory process.
92. Tower under commission to extend to current and pre- vious year's arrears.
93* Holder of commission not to enforce any unusual or exces- sive demand. ?ena|ty ,for so doing.
M. But holder of commission may eitabligb his right to en- hanced wit in Civil Court.
94A. Becovig; ** revenue demand
of dues Of Certain superior holders for specified period.
CHAPTER VIII. OF SURVEYS, ASSESSMENTS AND SETTLEMENTS OF LAND REVENUE.
95. Revenue survey may be intro- duced by Governor in Council into any part of Presidency. Control of revenue survey.
96. Survey officer may require, by general notice or by sum- mons, suitable service from holders of land, etc.
97. Assistance to be given by holders and others in the measurement or classification of lands.
98. Survey numbers not to be of less than a certain extent. Exception.
99. (Repealed.)
100. Officer in charge of a survey to fix assessments.
Regard to be had ta proviso
to section 52.
Proviso.
101. The assessment so made may be on land, or on means of irrigation, etc.
102. Assessments so made not le- viable without the sanction of Government.
But may be fixed, with or without modification, by the Governor in Council for a term of years.
103. Introduction of settlements.
104. Excess assessment not to be levied in the year in which a survey settlement is intro- duced ;
nor in the following year if the number is resigned that year.
105. The fixing of assessment under section 102 limited to ordinary land revenue.
106. Government may direct a fresh survey and revision of assess- ment.
107. Conditions Applicable to revi- sions of assessment,
SEOTIOV
108. Preparation of statistical and
fiscal rdoords- 109, 110. (Repeated.)
111. Revenue management of vil- lages or estates not belonging to Government that may be temporarily nnder Government management.
112. Maintenance of existing set- tlements of land revenue.
113. Partition.
114. Partition of certain estates by the Collector on application by co-sharers.
115. (Repealed.)
116. Division of survey numbers into new survey numbers.
117. Bombay Act V of 1862 not affected.
117A.Division of survey numbers
into sub-divisions. 117B. Provisions applicable on re-
linquishment or forfeiture of
a sub-division
'CHAPTER IX. THE SETTLEMENT OF BOUNDARIES
AND THE CONSTRUCTION AND
MAINTENANCE OF BOUNDARY
MARkS.
118. Determination of village- boundaries
Village boundaries may be settled by agreement Procedure in case of disagree- ment or dispute
119. Determination of field boun- daries
120. Settlement of boundary dis- puts by arbition
When award may be remitted for re-consideration If arbitration fail, survey offi- cer to settle dispute
121. Effect of the settlement of a boundary
122. Construction and repair of bonndary-marks of survey numbers and vilages Requisition on landholders to erect or repair boundary marks A general notification to be good and sufficient notice of requisition
SECTION
: I)fes(ffipfeioB Of boundary marks
123. Responsibility for the mainte- nance of boundary-marks
124. Collector to have charge of bonndary-marks after intro- duction of the survey settle- ment
126. Penalty for injuring boundary* marks
CHAPTER X.
OF LANDS WITHIN THE SITES OF VILLAGES, TOWNS AND CITIES.
126. Limits of sit?s of villages, towns and cities how to be fixed.
127. Act XI of 1852 and Bombay Acts II and VII of 1863 how far applicable to lands in such sites.
128. Existing exemption when to be continued in case of certain lands in towns and cities in which Bombay Act IV of 1868 has been in opera- tion.
129. Right to exemption to be determined by the Collector.
130. Occupancy price payable, in addition to assessment in cer- tain cases.
131. Survey of lands in such sites how to be conducted. Proviso.
132. In certain cases a survey- fee to be charged.
133. Sanad to be granted without extra charge.
Proviso.
134. Assessment of lands hither, to used for purpose of agricul- ture only used for other pur- poses
l'.5\ (Repealed).
CHAPTER X-A. OF THE RECORD OF RIGHTS
T.55A. Exemption from provi- sions of this chapter.
1 35B. The record of rights*
135C. Acquisition of rights to be reported.
135D. Register of mutations and register of disputed cases.
V*
SECTION
CONTENTS
SECTION
Entries in register of Muta- tions how to be certified. Tenancies.
135E. Obligation to famish in- formation.
135F. Penalty for neglect to afford information
135G. Requisition of assistance in preparation of maps.
135H. Certified copy of record to be annexed to plaint or appli- cation.
1351. Refusal of assistance under section 87.
135J. Presumption of correctness of entries in record of rights and register of mutations.
135K. Certified copies.
185L. Bar of suits and exclusion of Chapter XIII. Appeal
CHAPTER XI
OF THE REALIZATION OF THE
LAND REVENUE AND OTHER
REVENUE DEMANDS
136. Liability for land revenue
137. Claims of Government to have precedence over all others.
138. The liability of the crop for
the revenue of the land
139. Land revenue may be levied
at any time during the re- venue year
140. Removal of crop which has been sold, etc., may be pre- vented until revenue paid
141. In order to secure the land revenue the Collector may prevent the reaping of the crop, or
the removal thereof, or place watchmen over it
142. Collector's orders under last section how to be made known
Penalty for disobedience of order
143. Reaping, etc., not to be un-
duly deferred
Crop when to be released.
144. Temporary attachment and
managemens of a village or share of a village Powers of manager, and dis- posal of surplus profits
145. Precautionary measures to be relinquished on security being furnished
146. Government to determine the dates, etc., on which land revenue shall be pay- payable
147. Arrear. Defaulters.
148. Liabilities incurred by de- fault
149. Certified account to be evi- dence as to arrears Collectors may realize each other's demands
150. Process for recovery of arrrears
151. Revenue demands of former years how recoverable Proviso
152. When notice of demand may issue
153. The occupancy or alienated holding for which arrear is due may be forfeited Proviso
154. Distraint and sale of defaul- ter's moveable property
By whom to be made
155. Sale of defaulter's immove-
able property
156. Exemption from distraint
and sale
157. Arrest and detention of
defaulter
Imprisonment in Civil Jail Defaulters not to be detain- ed in custody longer than debtors may be detained by the Civil Court
158. Power of arrest by whom to
be exersised
150. Power to attach defaulter's village, and take it under management
100. Lands of such village to re- vert free of incumbrances Powers of manager
SECTION
CONTENTS
SECTION
vii
161. 162.
163. 164.
165.
166. 167.
168. 169. 170.
171.
172. 173.
174.
175. 170.
177. 178.
179. 180.
181. 18S.
Application of surplus pro- fits
Restoration of village so
attached
Disposal of surplus receipts
Village, etc., to vest in Gov- ernment, if not redeemed within twelve years
But all processes to be stayed on security being given
Or on amount demanded being paid under protest
Procedure in affecting sales Proclamation of sales.
Notification of sales
Sale by whom to be made Time when sale may be made Postponement of sale
Sale of perishable articles
When sale may be stayed
Sales of moveable property when liable to confirma- tion
Mode of payment for move- able property when sale is concluded at once
Ditto when sale is subject
to confirmation
Deposit by purchaser in
case of sale of immoveable
property
Purchase-money when to be paid
Effect of default
Liability of purchaser for loss by re-sale
Notification before re-sale
Application to set aside sale
Order confirming or setting aside sale
Refund of deposit or pur- chase-money when sale set aside
On confirmation of sale pur- chaser to be put in pos- session Certificate of purchase
Bar of suit against certified purchasers.
183.
184.
185.
186
187.
Application of proceeds of sale.
Expenses of sale how cal- culated
Surplus not to be paid to creditors, except under order of Court Certified purchaser liable only for land revenue sub- sequently due
Claims to attached move- able property how to be disposed of
What moneys leviable under the provisions of this Chapter
Sureties liable as revenue- defaulters
On resumption of a farm no payments made to con- tractor in advance to be admitted
The recovery of free grants as arrears of revenue in case of misuse CHAPTER XII
PROCKDURl OF REVBNUB OFFICERS
188. Subordination of officers
Power to summon persons to give evidence and pro- duce documents. Summons to be in writing, signed and sealed ; how to be served. Service in district other than that of issuer. Mode of serving notices. Notice not void for error Procedure for procuring at- tendence of witnesses. Mode of taking evidence in informal inquiries. Taking evidence given in English.
Translation to be on record Writing and explanation of decisions.
Summary inquiries how to be conducted.
Formal and summary in- quiries to be deemed judi- cial proceedings.
revenue
189.
190.
191. 192.
193
194 195
196.
till
SECTION
OGStKBNfS
tad
Notice to parties .107. Ordinary inquiries how to
ba conducted
108. Copies and translations, , etc., how to be obtained
199. Arrest of a defaulter to be
made upon a warrant.
200. Power of revenue officer to enter upon any lands or pre- mises for purposes of mea- surement, etc.
Proviso.
201. The governor in Council to determine the language of a district.
202. Collector how to proceed in order to evict any person wrongfully in possession of
< land
CHAPTER XIII. APPEALS AND REVISION
203. Appeal to lie from any order passed by revenue officer to ms superior
204. Appeal when to lie to the Governor in Council
205* Periods within which ap- peals must be brought.
206. Admission of appeal after period of limitation
SECTION
.207. Provision where last day for appeal falls on a Sunday or a aoliday.
208. Copy of order to accompany petition of appeal.
209. Powers of appellate autho- rity.
210. Power to suspend execution of order of subordinate officers
211. Power of the Governor in Council and of certain reve- nue officers to call for and examine records and proceed- ings of subordinate officers And to pass orders thereupon
212. Rules as to decisions or orders expressly made final
CHAPTER XIV. MISCELLANEOUS.
213. Maps and land records open to inspection
Extracts and copies shall be given
214. Rules
215. Penalty for breach of rules
216. Chapters VIII to X how far applicable to alienated vil- lages
217. Holders of land in alienated
villages
218. Construction of ihis Act SCHEDULES
LAND REVENUE CODE, 1879 HISTORICAL RECORD
Year.
No. of Kegs, and
Acts
Name of Regulations and Acts.
How affected.
Bombay Regulations.
1827
IV
Divil Courts (Law to be ob- served)
Hep. in part (locally), Bom.
ActV of 1879
1827
XVI
Collectors of Land Revenue.
Residue rep. (locally),
do.
1827
XVII
Land Revenue,
do.
do.
1830
V
Revenue Commissioner
do.
do.
1831
XV
Falsification of Records
do.
do.
1832
II
Farmers of Land Revenue...
do.
do.
1833
V
Bereditary Officers
do.
do.
Imperial Acts
1838
XVIII
Sureties, Bombay
Rep. (locally), Bom, Act V
of 1879."
1842
XIII
Revenue, Bombay
Residue rep. (locally)
do.
1842
XVII
Revenue Commissioners, Bombay.
do.
do.
1846
III
Boundary marks, Bombay.,.
do.
do.
1850
XII
Public Accountants 7 Defaults
Rep. in part (locally in Bombay), Bom. Act V of 1879.
1862
XI
Titles to Rent-free Estates Bombay
Application declared, Bom, 1879, S. 127.
At V of
1852
XXI
Deputy Collectors, Bombay
Residue rep. (locally), Bom. Act V of 1879
Bombay Acts.
1863
11
Exemptions from L*nd Re- Vonue in territories sub- ject to Act XI of 1852.
Application declared, Bom. 1879, S. 127.
ActV of
Tax BOMBAY LAND REVENUE Ooi> HISTORICAL RECORD (Concluded)
Year.
Ho. of Begs, and Acts.
Name of Regulations and Acts
How affected.
1863
VII
Exemptions from Land Be-
Application declared, Bom. Act V of
venae in territories not
1879 S. 127.
subject to Act XI of 1852.
1865
1
Bombay Survey and Settle-
Bep. locally (except Ss. 37, 38), Bom.
ment Act.
Act V. 1879.
1868
I
)eputy and Assistant Col-
Residue rep. (locally) Bom, Act V of
lectors.
1879.
1868
IV
The Act for Oity Surveys
do. do.
and amendment of Bombay
Purvey and Settlement Act*
1875
1
iurvey and Settlement
Rep (locally), Bom. Act V of 1879.
(amending Bom. Act I of
1865),
1879
V
lombay Land Revenue Code.
Hep. in part, Bom. Act III of 1886.
., and Am., Act XVI O f 18i)5.
Bom. Act VI of 1901.
(locally), Bom. Act I 1 of
1880,8. 39.
Bom. Act VI of 1888 Ss, 3,
and 33 as Am , Bom.
Act II of 1905.
Am., Bom. Act VII of 1879 S. 2.
IV of 1886.
I of 1910.
,, IV of 1913.
Sa. 3 (1), 88, 43, 52, 80, 187, 214.
heading above 8. 40 Sch. B ( Am.,
S. 144 rep. in part, Bom. Act IV of
1905.
Rep. (in Ooorg), Reg. I of 1899.
3. 85 and part of S. 58 declared not
to be in force in the Panch Mahals,
Act VII of 1886.
Am., Bom. Act XI of 1912.
VII of 19 14.
, II of 191 9.
, I of 1920.
, III of 1921.
, V of 1930.
, ., Ill of 1982.
THE
Bombay Land Revenue Code, 1879
Bom. Act No. V of 1879 [a].
[17th My 1879 ( As Amended and modified upto 1st June 19S3 )
An Aot to consolidate and amend the law relating to
Revenue offloers, and the Land Revenue in the
Presidency of Bombay.
WHEREAS it is expedient to consolidate and amend the law Preamble. relating to Revenue officers, and to the assess-
ment and recovery of Land Revenue, and to other matters connected with the Land Revenue Administration ; it is hereby enacted as follows :
CHAPTER I PBEUMINABY
.1- U>] (1) This Act may be cited as "The Bombay Land Short title. Revenue Code, 1879."
8s. 68, 72, 73, 74, 99 cl. (6), 104, para. 2, 109, 110, 112. 150, cl. (6), and 153 of Bom. Act V of 1879 do not apply to any village in the district of Ratnagiri or the district of Kolaba to which the Ktati Settlement Act, 1880, extends ; and as. 103, 11*, 119, 123, 136, 150 cl. (/), and 162 of the Act are subject to modi- fication when applied to any such village (see Bom. Act I of 1880, as. I and 89).
The rales and orders under sections 213 and 214 do not apply to Khoti and Talukdari villages. Rules 7 to 10 inclusive, 21 cl. (2), 23, 25 to 27 inclusive, 38 and 70 shall not apply to Sind.
Ss. 38 to 40, 44, 60 to 67, 76, 82, 85, 109, 110, 116, 127 to 136, 163, 216 and 217 (all inclusive) of Bom. Act V of 1879 do not apply to any estate in the dis- tricts of Ahmedabad, Kaira, Broach or Panch Mahals to which the Gujerat Talukdars' Act, 1888, extends ; and ss. 3 cl. (1), 46,54, 79Acl. (a), 88, 89,94, 111, 113, 147, 150 cl. (/), 160, 162, 214 of the Act, and the words "occupant," "regis- tered occupant" and "occupancy" throughout the Act, are subject to modification when applied to any such estate (see Bom. Act VI of 1888, ss. 1 and 33).
NOTE. All sub-titles, printed over sections or groups of sections in the Act, were repealed by Bom. Act IV of 1913, s. 84.
[a] Sec. 8 5 and the last 15 words of b. 58 are not in force in the Panch Mahals (see Act Vfl of 1885, s. 2).
[b] Sub-section (1) of s. 1 was originally the first paragraph of s. 1. It was pumbered as sub-section (1) of s. 1 by Bom. Act IV of 1913, s. 4 (l)t
2 THE BOMBAY LAND REVENUE CODE.
[a] (2) Save as otherwise provided by Chapter XA, this Extent. Act extends to the whole of the Presidency
of Bombay, except the City of Bombay, Aden and the Scheduled District of the Mehwassi Chiefs' villages as defined in the Scheduled Districts Act, 1874.
[b] (3) Provided that Chapter III also extends to the City of Bombay, subject to the modification that the expression ' Re- venue-officer' 1 means every officer of any rank whatsoever appoint- ed under section 5 or 6 of the Bombay City Land Revenue Act, 1876, and employed in or about the business of the land revenue in the City of Bombay, or of the surveys, assessment, accounts or re- cords connected therewith, instead of as defined in clause (1) of section 3 of this Act.
extension The provisions of this Code have been made applicable to the Akalkot and Jath States (B. G. G., 1879, Pt. I. p. 966) and to the Dis- tricts in Sind(G. B. B. D. No. 4956 B, dated 30th June 1904).
Construction of Statute. This Code is a taxing enactment, and mast be construed strictly in favour of the subject (Secretary of State v. Laldas, 12 Bom. L. B. 16, s c. 34 Bom. 239).
" Scheduled Districts." The following are the Scheduled Districts in the Bombay Presidency :
1. The Province of Sind.
2. Aden,
3. The villages belonging to the following Mehwasi Chiefs:
1. The Parvi of Kathi 4. Walvi of Gaohalli.
2. The Parvi of Nal 5. Wassawa of Ohikhli.
3. The Parvi of Singpur 6. The Parvi of Nawalpur. Notes. There is nothing in this Code which entitles a person, who gets a
sanad at the city survey on his ex parts application, to turn out a person in pos- session of the land, unless he shows that he haa a better title (Trimbak v. Damu, 27 Bom. L. B. 656).
The proceeds of all fees levied under this Act for permission to remove sand or to quarry are to be credited to the Local Fund constituted by the Bombay Local Boards Act, 1923 (Bom. Act VI of 1923) s. 75.
2. Repealed by Bom. Act IV of 1913, s. 5.
*3. In this Act, unless there be some- Interpretation clause, thing repugnant in the subject or con- text :
[a] This sub-section was substituted for paragraph 2 of section 1 by Bom. Act IV of 19J3,s.4(2).
[b] This sub-section was substituted by Bom. Act IV of 1913. s. 4 (3), for the paragraph 3, added by Bom. Act I of 1910, First Schedule, Part II, Serial No. 2.
*NOTE The clauses in section 3 of the Act were renumbered consecutively by Bom. Act IV of 1913, s, 6 (A),
1 ] PRELIMINARY 9
(1) "revenue officer" means every officer of any rank whatso- ever appointed under any of the provisions revenue officer;" of this Act, and employed in or about the business of the land revenue or of the surveys, assessment, accounts or records connected therewith [a] and for the purposes of sections 25 and 26 includes a village-officer ap- pointed or officiating under any of the provisions of the Bombay Hereditary Offices Act or the Matadars Act, 1887 [a];
Note. This section is subject to modification when applied to any estate in the districts of Ahmedabad, Kaira, Broach or Panch Mahals to which the Gujerat Talukdars' Act extends (Vide Bom Act VI of 1838, ss. 1 and 33).
Revenue Officers. Watandar village officers are not Revenue officers under sub-section (1) of this section. If a watan lapses, then Government succeed to the watan and the officer appointed by them wmld be a watandar for the pur- pose of ss. 85 and 94 A. But when a watan is commutted, it has not yet been decided that the analogy holds. Talatis are executive and not ministerial officers for the purpose of 0. 8. R. 459 (a) (G. R No. 7268 of 1918).
A Forest officer is not a revenue officer and does not become one merely by being placed under a revenue officer for purposes of control ( Narayan v. Secretary of State, 20 Bom 803).
The District Inspector of Land Records is a revenue officer and can issue summonses for evidence or documents, but the Superintendent is a survey officer : supervising tapedars in Sind are survey officers, but Circle Inspectors are not. The District Inspector of Land Records his power to order measurement on the application of parties and to levy feas for it. Both Superintendent of Land Records and District Inspector of Land Records can levy fees U'ider s. 135-F (Anderson's L. R. Rules, ed. of 1930, p. 8).
(2) "survey officer" means an officer
"survey officer-," appointed under, or in the manner provided
by, section 18 [/;] ;
f3) {Definition of" Collector^ \ Jlepeakd by Bom. Act IV of 1913, s. 6 (ai
(4) "'and" includes benefits to arise out of land, and things
attached to the earth, or permanently fasten- " land >" ed to anything attached to the earth, and also
shares in, or charges on, the revenue or rent of villages, or other defined portions of territory ;
(5) ''estate" means any interest in lands and the aggregate of
such interests vested in a person or aggregate "estate;" p ers ons capable of holding the atne ;
[ a a] These words were added by Bom. Act IV of 1905, 1st Sch. [b] Words repealed by Bom. Act III of 1886 are omitted.
4 THE BOMBAY LAND REVENUE OODE [ OSAP. f
(6) "survey number" means a portion of land of which the
area and assessment fa] are separately enter- "swvey number;" e( ^ un( j er an indicative number in the [6] land records [6] [c] ;
(7) [d] "sub-division of a survey number'* means a portion
of a survey number of which the area and "sub-division of a sur- assessment are separately entered in the land
vey number ;" records under an indicative number subordi-
nate to that of the survey number of which it
is a portion [d] ;
(8) [0] "chavdi" means, in any village in which there is no
chavdi, such place as the Collector may direct <v,havdi; " 8 k a |i k e Deemed to be the chavdi for the pur-
poses of this Act ;
Chaydi. In Sind 'Ohavdi' includes a Tapedar's Dera.
(9) "building site" means a portion of land held for building
purposes, whether any building be actually "building site;" erected thereupon or not, and includes the
open ground or court-yard enclosed by, or adjacent to, any building erected thereupon ;
( 10) "boundary-mark* ' means any erection, whether of earth,
stone or other material, and also any hedge,
"boundary-mark-," r^j Unp l 0u ghed ridgo, Or [/*] strip of. graund, or other object whether natural or artificial, set up, employed or specified by a survey officer, or other revenue officer having autho- rity in that behalf, in order to designate the boundary of any divi- sion of land ;
(11) [g\ "to hold land/' or to be a ' Hand-holder" or "holder"
of land means to be lawfully in possession of "to hold land" "land- l an d whether such possession is actual or holder' 1 "holder;" not .' ^
"Bolder." The term "holder" as defined in this clause, is wide enough to include even a tenant who has entered into possession under an occupant. Mere user by rice lands tenants of adjoining waste land with the leave and permission of Inamdar does not make them holders of warkas lands (Nanabhai v. Collector of Kai a, 34 Bom. 686).
fa] This word wasTubatituted by Bom. AcT^Tv^T 1913, s. 6 (6), for the words "other particulars."
[J 6j These words were substituted by Bom. Act IV of 1913, s. 6 (6), for the words "survey records."
[e\ Words repealed by Bom. Act IV of 1913, s 6 (5), are omitted.
[d] This definition was substituted for the definition of "recognised share of a survey number" by Bom. Act IV of 1913, s. 6 (c).
\\ This definition was added by Bom. Act IV of 1913 s. 6 (d).
[f-J\ These words were substituted for the original word by Bom. Act VI of 1901,8.2.
\g] This definition was substituted for the original definitions of "holder" or "landholder" and "holding" by Bom, Act IV of 1V13, s. 6 (*).
gjso, 2 j PBELIMINA&Y 5
The rights oi tenants of rice lands over adjoining waste land of their superior holder are, by custom in theThana District, confined to the use of portions of the waste for obtaining the manure without which the rice lands could not be culti- vated or the assessment on the rice land earned and paid (Vasudo r. Govind, 36 Bom. 315).
Before a person can claim the benefit of a. 217 post, he must be shown to be a "holder" within the meaning of this sub-clause (Ibid).
[a] (12) "holding" means a portion of
"holding;" lan( j heW by a holder .
[6] (13) "superior holder" means a landholder entitled to receive rent or land revenue from other land- superior holder ; holders (hereinafter called inferior holders"), whether he is accountable or not for such rent or land-revenue, or any part thereof, to Government : provided that where land has been granted free of rent or land revenue, sub- ject to the right of resumption in certain specified contingencies, by a Jagirdar, Inamdar or other such holder of alienated land whose name is authorizedly entered as such in the land records, such Jagirdar, Inamdar or holder shall, with reference to the grantee, be deemed to be the superior holder of land so granted by him and the grantee shall, with reference to the grantor, be deemed to be the inferior holder of such land and for the purposes of section 8 of the Bombay Local Funds Act, 1869, shall, notwithstanding anything hereinafter contained in the definition of the word "tenant," be deemed to be the tenant of such grantor.
Note Cf. section 98 of the Bom, Local Boards Act (Bom. Act VI of 1923).
"Superior holder. "We have had under consideration the case of Inam- dars, Jagirdar s and other holders from Government of alienated lands who have themselves made grants of portions of their lands for the maintenance of cadets and other similar purposes. These grants are made subject to resumption in certain contingencies, such as failure of lineal male heirs, and if they are made free of liability to pay rent or land revenue, the grantors have been held not to be the superior holders of such lands (vide Gordhanlal v. Darbar Shri Surajmalji, 6 Bom. 604). As the grantors have a reversionary interest in the land, it is desirable that the grantors should be included within the definition of superior holders (Report of the Select Committee).
An inamdar receiving rent or land revenue from cultivators in his inam village is a superior holder not accountable to Government for the same. A knot receiving assessment from a dharekari is a superior holder accountable to Govern- ment for the same. A village accountant receiving assessment from a cultivator is accountable to Government for the same but cannot be said to be a superior
[a] This definition was substituted for the original definitions of "holder" or "landholder" and "holding" by Bom Act IV of 1913, s. 6 (*).
[b] This definition was substituted for the original definitions of "superior holder" and "inferior holder" by Bom. Act IV of 1913, s* 6 (/).
6 THE BOMBAY LAND BBVFNUB CODE [
holder, because he is not a holder and has no interest in the land of which he col- lects the assessment (DandoJtar's Law of Land Tenures, Vol I, pp. 4243).
Where it appeared that defendants were liable to pay the assessment and local fond to the plaintiff, who held a sanad under the ttuma ary Settlement Act, J6t3, the lower Court came to the conclusion that the relationship of landlord and tenant was not created between the parties, it was held that the plaintiff wab a superior holder within the meaning of this s^b-clause and that the defendants were in law the tenants of the plaintiff, whatever the nature of their holding might have been (Surshangi Naran, 2 Bom. L. B. 855).
The Talukadari Settlement Officer may, with reference to a person holding lands under a lease from him, be deemed to be a "superior holder" within the meaning of this clause (Secretary of State for India v. Gordhandas Mohanlal, 33 Bom. L. E. 815).
"Superior holder" and "inferior holder. " The expression
"superior holder" is wider including the expression landlord. The terms superior holder, and inferior holder have reference only to payment of rent or land revenue, whereas the terms landlord and tenant have reference only to the origin of the right to hold. A tenant has to pay to his landlord and is thus an inferior holder. In addition to this fact he derives his right to hold from the man whom he pays or from his predecessor. Every tenant is an inferior holder, but every inferior bolder is not necessarily a tenant [Dandekar's Law of Land Tenures, Vol. I p. 43).
[a] (14) "tenant" means a lessee, whether holding under an "tenant " instrument or under an oral agreement, and
7 includes a mortgagee of a tenant's rights 'with
possession ; but does not include a lessee holding directly under Government ;
"landlord " ^ ^^ "landlord" means a lessor 5
[b] (16) "occupant" means a holder in actual possession of t< , . . unalienated land, other than a tenant : pro-
occupan ; vided that where the holder in actual posses-
sion is a tenant, the landlord or superior land- lord, as the case may be, shall be deemed to be the occupant ;
Difference between "holder" and "occupant".- 'Holder' eigni-
fies a person holding any land alienated or unalienated, whereas 'occupant' means a holder of unalienated land.
[6] (17) "occupancy' 1 means a portion of
-occupancy- l an d held by an occupant ; P
Occupancy. The term "occupancy" is subject to modification when ap- plied to any estate in the districts of Ahmedabad, Kaira, Broach and Panch Mahals to which the Gujarat Talukdars* Act, 1888, extends (See Bom. Act VI oi 1888, as. 1 and 83). ^
[a] These definitions were substituted for~the original Definitions by Bom. Ad IV of 1913, 8. 6 (/) and (g).
[b] These definitions were substituted for clauses (16), (17) and (18) by Bom Act IV of 1913,8 6 (h).
$ ] PBELIMINABY 7
L a ] f 18J "to occupy laud" means to pos- to occupy land 5" fiegg or ^ ke p0fise6sio ^ o| land .
41 occupation-," (jg) "occupation" means possession ;
(20) "alienated" means transferred in so far as the rights of Government to payment of the rent or land "alienated; revenue are concerned, wholly or partially,
to the ownership of any person ;
"Alienated". Though the grant of a land to an inamdar was of the entire property in the soil, still the lands were 'alienated' within the meaning of thi* sub-clause, and the defendants were entered in the settlement register as khatadars and who cultivated the lands and paid to the plaintiff only a sum equivalent to the annual assessment; were entitled to the rights of occupants in unalienated villages by virtue of s. 217 post (Dadoo 9. Dinkar, 43 Bom 77).
u (21) "village" includes a town or city
"village; ftn( j ft jj ^ j and belonging to a village, town
or city ;
(22) the words "revenue year" or "year" "revenue year,- -year- meftn ^ period j^ ftnd exdusive of? fa
thirty-first July of one calendar year until, and inclusive of, the thirty-first July in the next calendar year ;
(23) [Definition of "section." ]- Repealed by Bom. Act Hi of 1886, Sch. B.
(24) [Definition of "this chapter"] Repealed by Bom. Act III oj 1886, Sch. B.
[b] (25) the term "joint holders" or "joint occupants" means
"holders or occupants who hold land as co-
"Joint holders/' "Joint sharers, whether as co-sharers in a family un-
occupants;" divided according to Hindu law or otherwise,
and whose shares are not divided by metes
and bounds ; and where land is held by joint holders or joint
occupants, ''holder" or "occupant," as the case may be, means all
of the joint holders or joint occupants ;
Occupants. Vide note under s. 3 (17) supra.
[b] (26) "land records" means records " land records;" maintained under the provisions of, or for
the purposes of, this Act ;
[6] (27) "certified copy" or "certified extract" means a copy or extract, as the case may be, certified in "Certified copy." the manner prescribed by section 76 of the
Indian Evidence Act, 1872 ;
[ a a] These definitions were substituted for clauses (16,) (17) and (18) by Bom. Act IV of 19 18, B* 6 (h).
[I] These definitions were added by Bom. Act. IV of 1913 a. 6 (/).
8 THE BOMBAY LAND REVENUE CODE [ OHA*. II
Section 76 of the Indian Evidence Aot . Certified copy Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person, on demand a copy of it on payment of the legal fees therefor, together with a certificate written at tbo foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title ; and shall be sealed whenever such officer is authorised by law to make use of a seal; a nd such copies so certified shall be called certified copies (Me sec. 76 of the Evidence Act).
[a] (23) In Siad the word "Mukhtyarkar" shall be deemed to be substituted for the word "Mamlatdar'' wherever it occurs in this Act.
[a] This definition was added by Bom, Act IV of 1913, s. 6 (j).
CHAPTER II.
CONSTITUTION AND POWERS OF REVENUE-OFFICERS.
4. The ch ! ef controlling authority in all
vested in the Commissioner, subject to the Governor in Conncil. There shall be one or more Commissioners as the Governor in
Council, subject to the orders of the Govern-
Extent of territories ment f j d d j rect d th (J overnor
under the Oommis- . ~ i i n M i j. -^
sioners, m Council shall prescribe what territories are
to be under the control of each, whether generally or for any specific purpose, and may from time to time alter the limits of such territories, all orders made on this behalf being duly notified.
The territories under each Commissioner in* n i ui T rn
division. s " a " * orm > and be called, a division [a],
and for the purposes of this Act the territories comprised in the Province of Sind shall be deemed to form a division and the Commissioner in Sind shall be deemed to be the Commissioner of that division [6].
"Whether generally or for any specific purpose." These words were inserted with the object of enabling one Revenue Commissioner to undertake certain special duties within the territorial limits of another (Report of the Select Committee).
Commissioners.- There are three Divisional Commissioners, at present besides the Commissioner in Sind, each in charge of a division, there being three divisions in the Presidency proper. These divisions are (1) the Northern Divi-
[aj Words repealed by Aot XVI of 1895 are omitted. [bb These words were added by Bom. Act IV of 1913, i 7,
SJBCII. 4*7 ] CONSTITUTION AND POWJBBS
sion, (2) The Central Division; and (3) The Southern Division. These divisions comprise the districts as under :
N. D. 0. D. 8. D.
Ahmedabad Ahmednagar Belgaon.
Broach East Ehandesh Bijapur.
Kaira West Kbandesh Dharwar
Fanch Mahals Nasik Kanara
Surat Poona Kolaba
Thana Satara Batnagiri. Bholapur,
The Districts in Sind are :-(!) Karachi, (2) Dadu, (3) Hyderabad, (4) Sukkur, (5) Larkana, (6) Nawabsbah, (7) Thar Parkar and (8) Upper Sind Frontier.
5. The Commissioners shall be appointed by the Governor in Council, and shall exercise the powers and "_ discharge the duties conferred and imposed on a Commissioner under this Act, or under any other law for the time being in force, and so far as is consistent therewith all such other powers or duties of appeal, superintendence and control within their respective divisions, and over the officers subordinate to them as may from time to time be prescribed by Government.
*6. "Each Commissioner shall have such number of assistants
as the Governor in Council may from time to
Assistants to Oommis- time sanction, their appointment being made
810ner8 - by the Governor in Council. Assistants so
appointed shall perform such duties as the
Commissioners, to whom they are respectively subordinate, may
from time to time direct.
Assistants to Commissioners. There are two Assistants to each Divisional Commissioner one in charge of the English branch and the other in charge of the Vernacular branch of the office.
7. Each division, under the control of the Commissioner,
shall be divided into such [a] districts with
Division to be divided suc h limits as may from time to time be
into districts. prescribed by a duly published order of the
Governor in Council.
A district to consist And each such district shall consist of of talukas comprising guch /, u i u k as aa( j eac h taluka shall consiit
Ss as m Gotnr e nt V y of such [a] mahals and villages, as may from direct. time to time be prescribed in a duly published
order of the Governor in Council, (b) _
[a\ Words repealed by Bom. Act IV of 1913, s. 8, are omitted. [b] Words repealed b/ Bony Act XVI of 1895, are omitted.
10
THE BOMBAY LAND REVENUE CODE
The number of Mahals, The Mahals in lows :
N. D. 0. D.
[CHAP. H
Division are as fol* S,D.
Mod as a Gogha Halol
i Ahmedabad Panch
Bhadgaon Edlabad Farola
East Khandesb
Ohandgaon > Murgod \ Bilgi
Belgaum "Rijapnr
Jhalod Hansot
5 Mahals ...Broach
Navapur
West Khandesh
Mandargi > tfargand $
Dharwar
Valod
Surat
Bhatkal "j
Mokhada Umbargaon
I Thana
Mulsi Ambegaon
... Poona
Supa v Mucdgod J
Kanara
Dhond j
Uran 1
Khadala ]
Khalapur V
Kolaba
Malcompeth ^...Satara
Nagothana J
Shirala j
Ghihagar
Ratnasriri
Mandangad [Vide Sathe's L. R. Code, 4th ed., p. 13.]
8. The Governor in Council shall appoint in each district ar
officer who shall be the Collector [a] and whc
Collector of the Dis- s h a n be subordinate to the Commissioner of
*' his division and may exercise, throughout his
district, all the powers and discharge all the
duties, conferred and imposed on a Collector or an Assistant 01
Deputy Collector by this Act, or any other law for the time being
in force, and in all matters not specially provided for by law
shall act according to the instructions of Government.
y. The Governor in Council may appoint to each district so
many Assistant Collectors and so many Deputy
Assistant and Deputy Collectors as may be deem expedient ; the
Collectors. Assistants shall be called "First, "Second,"
"Supernumerary, &c., as may be expressed in
the order of their appointment.
All such Assistant and Deputy Collector!
To be subordinate to and all osher officers employed in the land re- Collector. venue administration of the district shall be
subordinate to the Collector.
Personal Assistants. The Collectors of Poona, Satara and Thana are each given a personal Assistant (G. ft N\ 7018, dated 3rd October 1903, R. D. quoted in Sathe's Land Revenue Code, 4th ed., p. 14).
Superintendent, Mahableshwar, to be Deputy Collector:
The Superintendent of Mahablesh war, in tha Satara Oolleotorato, is appointed a Deputy Collector under the provisions of Act XX of 18 V2 and invested with the powers exercised by a Mamlatdar under Bombay Act V of 1864 (now Act II of 7906) B. G. (?., 1811 Pt. 7, jo, 424}.
10. Subject to the general orders of Government, a Collector may place any of his assistants or deputies in
Their duties and powers, charge of the revenue administration of one or more of the talukas in his district, or may
himwlf retain charge thereof*
ft\ Words repealed by Act XVI of 1895 are omitted.
SBOB. 8-10 ] OONSUXUTXON AND POWERS OF REvamJE-OmoEBs 11
Any Assistant or Deputy Collector thus placed in charge shall, subject to the provisions of Chapter XIII [a], perform a 1 ! the duties and exercise all the powers conferred upon a Collector [6j by this Act or any other law at the time being in force, so far as regards the taluka or talukas in his charge.
Provided that the Collector may, whenever he may deem fit, direct any such Assistant or Deputy not to perform certain duties or exercise certain powers, and may reserve the same to himself or assign them to any other Assistant or Deputy Subordinate to him.
To such Assistant or Deputy Collector as it may not be possi- ble or expedient to place in charge of talukas the Collector shall, under the general orders of Government, assign such pacticular duties and powers as he may from time to time see fit.
u Any other law at the time being in force." ihese words are
not limited to laws relating to land revenue, but include all acts of the Government of Bombay in which a contrary intention does not appear (Entry No. 15 of G-. B. No. 5941, dated 26th August 1902, quoted in Sathe's Land Revenue Code 4th ed. p. 14). The language of a section in an enactment, if plain and unambi- guous, must be construed in its natural sense. The words "or any other law at the time being in force" in this section should not be restricted to laws or acts ejusdem jeneris to the Code but include in the Mamlatdars Courts Act (Kesha* v. Jayram, 36 Bom. 123).
Powers Of Collector. While the Laud Revenue Oode gives all execu- tive powers in the first place to the Collector (who signs sanads for most aliena- tions, it reserves a few to the Commissioner. The Collector fixes irrigation rates under s. 55 within the maximum sanctioned by Government. The Collector hears appeals from Survey Officers below grade of Superintendent of Survey under s 37 (2), and read with section 203, this also gives him appellate power in respect of section 50 A of the District Municipal Act. The Collector can make reduc- tions for diluvion, and may postpone instalments but only with the Commissioner's sanction. He may transfer Government land to other Departments and make all assignments under s. 38 of Act IV of 1905.
While the Collector cannot sanction the employment of permanent establish- ment (section 21) he can make all appointments to sanctioned posts on the district staff, except Mamlatdars and Head Accountants : and he may in certain cases create and fill temporary appointments. The most important of these cases is in respect of the staff of Circle Inspectors, peons and labourers for partition and sub-divi- sion measurement work, and for repairing boundary marks when the cost is irre- coverable from the parties.
The Collector can write off amounts of irrecoverable revenue of all kinds not exceeding Rs. 100 in each case without reference to higher authority, and the Commissioner provided no defect of system or procedure requiring Government orders is disclosed and there has been no serious negligence which might require disciplinary action can write off without limit irrecoverable dues for boundary mark repairs (sections 122-23) and all kinds of revenue and tagai without limit
la) Words repealed by Bom. Act III of 18 S 6 are omitted. "~
\b\ Words repealed by Act XVI of 1895 are omitted,
1 2 THE BOMBAY LAND REVENUE CODE. [0&AJP, Q
and irrecoverable value of stores or public money ap to a limit of Rg. 500 and; unserviceable dead-stock to any amount, sending an annual statement to the AC- CO an tan t General. The last power was extended to the Collector by G. E. No. 5941 of 1902.
Generally speaking all powers of the Collector under the Land Revenue Code or any other law are also exercised under 3. 10 by the Assistant or Deputy Ool" lector in respect of the talukas in his charge. But the Collector may always re- berve any power he thinks fit. In particular, Government have dir ected that powers under Rules 81 and 82 should not ordinarily be delegated. There should be no "unnecessary" reservation. The power of arrest is to be exercised only when specially delegated. The Assistant or Deputy has certain powers of executing contracts and leases under Home Department Kesolation 7119-11 of 2 7-U-29 and sanads for tree planting in open sites in villages. He may fine watani village revenue officers and (in Ahmedabad) appoints, punishes, and dismisses mu khis and police patels (subject to the control of the District Magistra te) in talukdari villages.
The Collector will delegate by name the power to write off irr ecoverable re- venne upto Rs. 25 (G. R. No. 6042 of 3-4-1923).
To a Supernumerary or Personal Assistant, powers must be specifically dele- gated (G. R. No. 5941 of 1902 (Anderson's L. R. Rules, ed. of 1930, ppA-5).
The powers conferred upon the Collector under the Bom. Irrigation Act are to be exercised by an Assistant Collector according to this section (Naivazali Shah Pir Ali Gohar Shah v. Rustomali Shah, 14 S. L. R. 53).
11, If the Collector is disabled from performing his duties, or
for any reason vacates his office or le'aves* his Collector of the dis- district or dies his Assistant of highest rank trict m case of tempo. '. . j. . , n , & ,
rary vacancy. present in the district shall, unless other pro-
vision has been made by Government, succeed temporarily to his office, and shall be held to be Collector [a] under this Act until the Cjllector resumes charge of his district, or until the Governor in Council appoints a successor to the foimer Collector and such successor takes charge of his appointment.
An officer whose principal office ia different from that of an Assistant Collector, and who is an Assistant Collector for special purposes only, shall not be deemed to ba an Assistant for the pur- poses of this section.
Notes. In Sind the Collector temporarily succeeded is called a Mukhtyarkar.
The powers and duties of a Collector m\y not be conferred by a Collector on any Assistant or Deputy Collector who has not passed the Depart mental Exami- nation according to the higher standard. This order does not refer to Deputy Collectors appointed before the issue of the Government order of the 10th April 1869, directing Deputy Collectors to undergo Departmental Examinations (B. G t G. 1868, Pt. I, p. 1196).
12. The chief officer entrusted with the local revenue ad-
ministration of a taluka shall be called a
The Mamlatdar ; his Mamlatdar. He shall be appointed by the
appointment. Comm'sfeioner of the division in which his
taluka is situated. [a] Words repealed by Act XVI of 1895 are omitted,
BEOS. 11-12] CONSTITUTION ANU POWERS op RBvENUis-OFFicEits 18
His duties and powers shall be such as may be expressly im- posed or conferred upon him by this Act, or His duties and powers, by any other law for the time being in force, or as may be imposed upon, or delegated to, him by the Collector under the general or special orders of Govern- ment [a].
Delegation of powers to Mamlatdar. The code provides that
the Mamlatdar should exercise such powers as the Collector may delegate to him. But these delegations must be made "under the general or special orders of Government" and also they must be made in all cases by name and not merely in virtue of the office held. Therefore, it is desirable that a printed form should be used by every Collector as follows :
To Mr. A. B.
''Whereas you have been appointed to be (or to do duty temporarily a) Mamlatdar (Mahalkari) of you are hereby authorized during the tenure of that office to exercise the following powers :
(Here print the powers below detailed,) The Collector should strike out whatever powers reelect to reserve).
Collector of The powers which may be delegated are these
Section
Extent of power
Authority
25,26
All
R. 5295 (9)-ll.
32 and Watan A ct --
To fine hereditary or stipendiary
B. 2116 and 4100-
village rcvenur officcre.
83, 1953-93, 5891-
03, 5595-08.
42, 43, 70
All
R. 4347, (17)-02.
48 (4), 61 (6), 79A.
To sign eviction notices approved by
R. 5295 (85)-il.
and 202
the As3istant or Deputy.
80, 86
All. [Mukhtyarkars in 8ind included.
R. 2598 and 6024-
K. 8048 (l)-08.j
83, 9901-06.
90
To sanction sale of moveables in alie-
B. 5295(47>13.
nated villages.
91
To accept security from defaulting in-
Under this order.
ferior holders.
117B
All
Under this order.
135F
Up to a limit of Rs. 15
R. 76239-4-24 &
13-4-24.
135H (3)
All
Under this orfar.
141-143, 145
All
R. 8046-08, 7773-
13.
148
All
R. 7176-12.
149
To issue certificates direct to other
R. 5295 (71)-11.
Mamlatdars (apparently in the same
or other districts of the Presidency).
152
To issue notices and remit notice fees
R. 5295 (78)-lL
levied by mistah.
[a] Words repealed by Act XVI of 1895 are omitted.
14
THE BOMBAY LAND REVENUE CODE
UHAP.
Section
Extent of power.
Authority.
153, proviso (a)
To issue notices threatening forfeiture
R. 5295 (74)-ll.
154
To distrain and sell moveables in un-
R. 5954-91.
alienated villages.
156
To determine what property is exempt
R. 4347 (17)-02.
185,166(3)
All, in respect of such sale} as he has
R. <5295 (78-9)-ll.
himself power to make.
181
Do put in possession and give certi-
{. "295 (80)-11.
ficate.
186
All
R. 8785-89.
190(3)
All
R. 5295 (83-84)-! 1.
L. R. Rules
Bale 41 (and sec.
All (eksali sales)
R. 5295 (36)-ll.
68)
Rule 58
Permit tree cutting in wa tan land ...
R. 5295(22)-!!.
80 (and sec. 65) ...
To specially selected Mamlatdars
R. 8459-08, 5295-
(32)-! 1,
37, 42, 64, (5, 66
Co confirm sale at any auction when the
R. 3520-12.
(and sec. 170).
Collector has previously fixed (Bule 128) an upset price which is realized
'For powers as to auctions; see Chap-
ter XVIII.)
Revised Bale 81 (and
To
Sec. 65)
All Mamlatdars and Mahalkari*. To
R. No. 6*06/28
grant permission to use land for
of 11-11-31.
N. A. purposes in Class 11 villages
subject to the conditions laid down
by the Collector.
18, 19, 133, 61 and
To
202
Hnzur Mamlatdar of Surat and
G. R,, R. D.,
and. Broach
No. 8587/28
dated 14-4-32
Ahmedabad
G. R., R. D.
No. 8587/28
dated 5-7-32.
Dhulia, Jalgaon, Nasik and Bijapur
G. B. R. D.,
No. 8587/28
dated 30-8-32.
To
Huzur Mamlatdar of Ahmedabad
G. R. B. D.,
L. B. Bale 51 (2) ...
No. 8587/28
dated 5-7-32.
Bijapur
G. B., R. D.,
No. 8587/28
dated 30-8-32.
18, 19, 133, 61 and
To
202
Huzur Mamlatdar of Thaua
G. R. B. D.,
No. 8587/28
dated 1-10-32.
BEOS. 12-lft] OoNBTITtmON AND toWEES OP REVENUE-OtfFICEBS 15
Under other laws and rnlea powers hfcve been given to Mamlatdars :
(1) to enter the heirs of Summary Settlement (Glass 11 unstarred) Inams ;
(2) to appoint, give leave and determine heirs of inferior village servants (F. 595-07) 5
(3) to permit catting of trees in unco mm u ted service lands [R. 5295 (22) 11.
IX. In issuing his delegation order to the Mamlatdar the Collector can reserve any power he thinks fit, which will then bo exercised only by the Prant Officer.
[Vide Anderson's Bombay Land Revenue Rules (1021), 1st ed. of 1930, pp. 0-8.]
Chitnises to Collectors and Head clerks to Collectors
are graded with Mamlatdars (G. R. No. 8881, dated 23rd December 1891, R. D., and Q. R. No. 249, F.D., dated 26th March 1929). See also JoglekaSs Supplement to his Land Revenue Code, pp. 10-11.
13. Whenever it may appear necessary to the Governor in
Council, ihe Collector may [a] appoint to a The Mahalkari; taluka one or more Mahalkaris [a] ; and,
subject to the orders of Government and of the Commissioner, the Collector may [b] assign to a Mahalkari [/>] within his local limits such of the duties and powers of a Mamlatdar
as he may from time to time see fit, and may his duties and powers. a l so from time to time direct whether the
Mahalkari's immediate superior shall, for the purpos3s.of section 203 (V], be deemed to be the Mamlatdar or the Assistant or Deputy Collector, or the Collector in charge of the taluka ; [d] when a defined portion of a taluka is placed in charge of a Mahalkari, such portion shall be called a mahal. [rf]
Delegation Of power to Mahalkari. In delegating to a Mahal- kari, the Collector will probably reserve more powers, and he will aho specify whether the Mahalkari is to be considered the immediate subordinate of the Main- latdar or of the Assistant Collector for tho purposes of section 203 (appeals, etc.). The Collector can also appoint a Mahalkari and assign certain powers to him without specifying the local limits of his mahal (R. 0824-14), but the necessity of such appointment shall be reported to Government (sec 13). In such a case he will be practically a Deputy Mamlatdar within the taluka, exercising such power as may be given to him; and he will not be "below the rank of an Aval Karkun" for the purposes of the Record of Rights. (6).
Survey Mamlatdars are appointed by the Commissioner of Survey (R. 113- 16) ; but their powers are those of revenue officers under Chapter XA (Record of Bights), not oi survey officers under sec. 18.
[aa] These words were substituted by Bom. Act IV of 1913, s. 9 (1), for the words "appoint a Mahalkari to be in charge of a defined portion of a taluka."
[bb] These words were substituted by Bom. Act IV of 1913, s. 9 (1), for the words 4 'assign to him."
[e\ Words repealed by Bom. Act 111 of 1886 are omitted.
These words were added by Bom* Act IV of 1923, s. 9 (1),
16 THE BOMIUY LAND REVENUE CODE [ OHA*. II
A Mahalkari may perform the clerical work of preparing the Irrigation Re- cord of Eights, but cannot be appointed a Oanal Officer under s. 76 (1) of the Irrigation Act, Bom. Act VI of 1879 (Vide G. B. No. 7418 of 1918).
An Extra Aval Karkun is frequently treated as such a Mahalkari. He has power to try Assistance (sec. 86) (R. 8616-91) and Possessory suits (under section 3 of the Mamlatdars' Courts Act) (B. 72-00, 8269-06).
The powers of a Mamlatdar's First or Aval Karkun are regulated by sec. 14. He has been specially given power to sign notices of demand under sec. 162 and may remit the fees if wrongly charged [B. 5295 (72) and (73-11] and to receive rajinamas under sec. 74 (R. 1743-89,7428-05). He can also levy fees up to a maximum of Bs. 15 in each case under sec 135 (F) (B. 7623-9-4-24 and 13-4-24). An Aval Karkun can exercise in the absence of the Mamlatdar any powers speci- fically given by the rules (7 ) to Mamlatdars [see Rules 54, 67-69, 74 (2), 96, 108 and 188]. A substitute appointed under sec. 1 5 can DOW exercise powers under the Mamlatdars' Courtis Act by sec. 3 as amended by Act 31 of 1906 (I. L. R. 25 Bom 318, 36 Bom. 277), B. 8507-07 gave the Aval Karkun power to try rent suits up to a 11 1 it of Bs. 50 : which is now raised to Bs. 100 by Bs 208-21. [N] The Collector may also delegate the power to selected Treasury Head Kirkune. B. (L 0.) 54122-9-23.
"Powers of Collector under section 154, Land Revenue Code, can be delegated to an Extra Aval Karkun either by name or by designation An Extra Aval Karkun is not a Mamlatdar or a MahUki ri within the meaning of section 12 or section 13 of the Land Revenue Code. The powers of a Collector under section 156 cannot be delegated to Mm." (B. 6315-28 of 17th November 1930). (Ander- son's L. R. Rules, ed. of 1930, p. 8).
Superior Of Mahalkari. Assistant or DepLty Collector in charge of the talukas was declared to be the immediate superior of the Mahalkari (G.R.R.D. No. 4258, dated 1st May 1906).
14. It shall be competent to a Mamlatdar or Mahalkari, subject
to such general orders as may from time to
Mamlatdar or Mahal- time be passed by the Commissioner or by
kari may depute sub- ^e Collector, to employ any of his subordi-
cen 6 o 9 f his" dSS nate. to perform and portion of his minis-
terial duties : provided that all acts and orders
of his subordinates when so employed shall be liable to revision and
confirmation by such Mamlatdar or Mahalkari [a].
15. If a Mamlatdar or Mahalkari is disabled from performing
his duties, or for any reason vacates his office, Mamlatdar or Mahal- Qr kaves hifi taluka Or ma k alj or dieSj such
rary^aca^cy? temp " subordinate as may be designated by orders to be issued from time to time on this behalf by the Collector shall succeed temporarily to the said Mamlatdar's or Mahalkari's office and shall be held to be the Mamlatdar or Mahalkari under this Act until the Mamlatdar or Mahalkari re- sumes charge of his taluka or naahal, or until such time as a sue- cessor is duly appointed and takes charge oi his appointment.
[a] Words r^ealodl>y~Act~XVI of 1895 and Bom. Act IV oi 1913, B. 9 (2) 0re omitted.
BIOS. 14-18 J CONSTITUTION AND POW^BS OF REyjsNUE-OmcEBi 17
Head Karkun taking temporary charge of offloe of Mamlat-
dar. A Karkun taking temporary charge of the office during the absence of the Mamlatdar on casual leave ia nob a revenue officer ordinarily exercising the powers of a Mamlatdar. He is an officer exercising on an extraordinary occasion some such powers under this section (Ningapa v. Dodapa, 21 Bom. 558).
Substitute designated under this seotion not competent to
exercise powers Of Mamlatdar. A substitute designated under this sec. tion can now exercise the powejs conferred by the Mamlatdars Act, 1876, as amended by Bom. Act II of 1906, on a Mamlatdar to whose office hehaa tempo- rarily succeeded (Deorao v. Narayandas, 25 Bom. 318, F. B ). See also 36 Bom,
277.
16. In villages where no hereditary Patel or Village Account-
Sti endiar Patel and aDt ex * sts > ifc sha ^ ^e lawful for the Collector, Village 11 Accountant*^ under the general orders of Government ^ and be appointed where no of the Commissioner, to appoint a stipen- hereditary Patel or diary Patel or a Village Accountant who shall Village-Accou n t a n t perform respectively all the duties of here- 6X19 8t ditary Patels or Village Accountants as herein-
after prescribed in this Act or in any other law for the time being in force, and shall hold their situations under the rules in force with regard to subordinate revenue-officers.
Nothing in this section shall be held to affect any subsisting
. . rights of holders of alienated villages or
ho?dTo g f e l r d vif- other. .in respect of the appointment of Patels
Iag e8 . and Village Accountants in any alienated or
other villages.
17. Subject to the general orders of Government and of the
Commissioner, the Collector shall prescribe Village Accountant to f rom time to time what registers, accounts
the Collector 5 Accountant [a].
It shall be the duty of the Village Accountant to prepare,
whenever called upon by the Patel of his
and to prepare public village, or by any superior Revenue or Police
wrifcin S 8 ' officer of the taluka or district to do so, all
writings connected with the concerns of the
village which are required either for the use of Government or the
public, such as notices, reports of inquests, and depositions and
examinations in criminal matters.
18. For the purposes of Chapters VIII, IX and X [6] the
Governor in Council may appoint such officers
Survey Officers : A9 ma y f rom time to time appear necessary.
Such officers shall be designated "Commis-
\a\ Words repealed by Act XVI of 1895 are omitted. f.M Words repealed by Bom. Act III of 1886 are omitted,
18 THE BOMBAY LAND REVENUE OODK. [Oiup. II
sioner of Survey," "Superintendent of Survey," "Survey Settle- ment Officers" and "Assistant" or otherwise as may seem requisite, and shall be subordinated the one to the other in such order as the Governor in Council may direct.
Subject to the orders of the Governor in Council, the officers so appointed are vested with the cognizance of their duties and powers. a u matters connected with survey and settle- ment, and shall exercise all such powers and perform all such duties as may be prescribed by this or any other law for the time being in force.
19. It shall be lawful for the Governor in Council to appoint
one and the same person, being otherwise
Combination of offices, competent according to law, to any two or
more of the offices provided for in this
chapter, or to confer upon an officer of one denomination all or any
of the powers or duties of any other officer or officers within
certain local limits or otherwise as may seem expedient.
Note. The Mamlatdar of Poona City ia authorised to exercise the powers of a Mamlatdar in the Haveli Taluka of the Poona District for the purposes of as. 86 and 87 of the Oode (B. GL G-. 1898, Pt. I, p. 1058).
Certain officers' ap- 20. The appointment of all officers
pointments to be noti- mentioned in sections 4 to 13 and 18 and 19 fled * shall be duly notified.
Any officer appointed to act temporarily for any such officer
shall exercise the same powers and perform
Acting appointments, the same duties as might be performed or
exercised by the officer for whom he is so
appointed to act.
21. Subject to rules [a] made under section 214, the ap- pointment of all members of the establish- Establishmcnts. ments of the undermentioned officers shall,
unless otherwise directed by Government, be made by those officers respectively, viz: the Commissioners, the Collectors,
the Commissioner of Survey, the Superintendent of Survey, the Survey Settlement Officer.
The appointment of all members of the establishments of all other officers mentioned in the foregoing sections of this chapter shall be made in their respective departments by the Collector and the Superintendent of Survey : provided that it shall be lawful for them to delegate such portion of this power as they may deem fit to any subordinate officer, but subject to the retention of a right of revision at any time of the appointments that may be made by such subordinate officers.
ff] Words repealed by Bom. Act IV of 19 1 3, s. 10 ; are omitted,
SBOS. 19-J3 ] OoNaniUTioN AND POWERS OF REVENUE-OFFICERS 10
Note. From 1907 the functions of the Survey Department have been en- trusted to the Settlement Commissioner who is also the Director of Land Re- cords. The Land Records Staff of the Director consists of three Superinten- dents, one for each Division, a District Inspector or Survey Mamlatdar for each District and a staff of Circle Inspectors (vide para. 12 of Government Selection No. OO XXVII, new series (Sathe's Land Revenue Code, 4th ed., p. 20).
22. The Governor in Council shall from time to time by notification prescribe what revenue officers shall use a seal, and what size and descrip- tion of seal shall be used by each of such officers, [a].
SEALS TO BE USED BY RKVENUE OFFICERS
(1) The officers mentioned bolow shall hive and u?o seals, ris :
(1) Commissioners of Divisions, aad the Ojnarssionor in Sind :
(2) Deputy Commissioners in Sind ;
(3) Collectors ;
(4) Assistant Collectors ;
(5) Deputy Collectors (including Treasury Officers of the Deputy Collectors
Grade), and Superintendents of Land Records and Agriculture ;
(6) Mamlatdar 3 ;
(7) Mahalkaris ;
(8) Mukhtyarkars (Sind) ;
(9) Huzur Treasurers (Central Division), (S, D.) and (N. D.);
(10) City Survey Officers (N. D.) ;
(11) Magistrate of Bandra invested with pawers under Act III of 1876
(now Act II of 1906);
(12) District Inspectors of Land Records and Agriculture in the Northern,
Central and Southsrn Divisions ;
(13) Assistants in charge, Head Quarters Offices, Agricultural Depart- ment, Dharwar and Poona, and in the Northern Division when ap- pointed ; and
(2) that the seals shall be circular and of the following dimensions and
material :
(a) Silver seals of which the diameter should be 1| inches for the officers named at serial numbers (1) to (3) hereinbefore mentioned ;
(b) Saals of brass, capper or guninebal (whichever may be the most dura- ble material) of which the diameter should be IA inches for the officers named at serial numbers (4) and (5) hereinbefore mentioned ;
(o) Seals of brass, copper or gunmetal (whichever may be the most dura- ble material) of which the diameter should be one inch only for the officers named at serial numbers (6) to (13) hereinbefore mentioned; and
(3) that pending the preparation of the abovementioned seals, the seals
hitherto used shall continue to be used by such of the officers herein, before mentioned as have used them. (B. G. G. 1896, pt. I, pp. 1161, 1340 \lUd. 9 1897, p. 820).
fa] Words repealed by Bom. Act III of 1886 are omitted,
20 THE BOMBAY LAND REVENUE CODE [ OHAP. Ill
Metal seals. ^. suggestion was made thfct for the purposes of s. 22, metal seals may be used for merely sealing purposes, . e., when wax is to be impressed, and for all other purposes rubber seals may be used. The present practice of using metal seals for all purposes should continue (G. B. No. 4764-24, dated 23- 12-192) quoted in Joglekar's Supplement No. 2 to his Land Revem* Code, p. 2),
CHAPTER III
OF THE SECURITY TO BE FURNISHED BY CERTAIN REVENUE OFFICERS
AND THE LIABILITY OF PRINCIPALS AND SURETIES 23. It shall be lawful for government to direct that such re- venue officers as it deems fit shall, previously wtaTSSrlwi d Tr- to ent " Q S "Ron their office, furnish security nish security, and to to suc " amount as (jovernment may in each what amount. case deem expedient, either by deposit of
Government-paper duly endorsed, accom- panied by a power to sell, or in the form contained in Schedule B. [a].
The amount for which such security shall be furnished may be varied, from time to time, by order of Government, which shall also determine the number of sureties to be required when security is taken in the form of Schedule B.
Security. The revenue officers hereinbelow mentioned shall previously to entering upon their office furnish security, according to this section, to the following amounts :
3*
1. Head Accountants ... ... ... ... 6,000
2. Mamlatdars ... ... ... ... 6,000
3. First Karkuns to Mamlatdars ... ... ... 3,000
4. Special Head Karkuns for payment of Military pensions... 1,000 6. Treasury Nagdi Karkuns (to Mamlatdars and Mihalkaris). 500
6. Mahalkari with Treasury ... ... ... 3,000
7. First Karkun to Mahalkari with treasury ... ... 1.000
8. Shroff Karkuns to Mahalkari of Kohistan and Keti Bandar 1,000
9. Mahalkari without treasury ... ... ... 600
10. Treasurer at Poona ... ... ... 80,000
11. Treasurer at Kanara, Kolaba and Ratnagiri ... 20,000
12. All other Treasurers ... ... ... 40,000
13. First Karkuns to Treasurers of Kanara, Kolaba and
Batnagiri ... ... ... ... i >00 o
14. All other First Karkuns to Treasurers ... % .. 2,000
15. Second Karkun to Poona Treasurer ... ... 2,000
16. Karkuns other than any of the foregoing employed in
Huzur Mamlatdars' or Mahalknri's offices on shroffs
work... ... ... ... ... 1,000
17* Karkuns for payment of Military pensions... ... 500
18. Supervising Tapedars in Bind ... ... ... 1,000
[a] Words repealed by Bom. Act III of 1886 are
20. 2j &ECUBlTt TO fcE *'XJBNIb&D BY JUvENUE-OFtflCEfc &i
Rs.
19 Tapedars in Sind ... ... ... ... 1,000
20. Stipendiary Patels 01 Village Accountants appointed under sec. 16, and Japtidars appointed by the Collector
to manage attached Khoti villages ... ... 200
21. Karkuns or Clerks who write the registers of copying, comparing, search and inspection fees and of bhatta and permanent advances and take charge of moneys depoeited
for those purposes in Revenue Courts ... ... 200
22. Head-quarter Assistants in Survey Offices ... ... 200
23. Accountant in the office of the Commissioner in Sind ... 1,000
24. City Maintenance Surveyors ,.. ... ... 200
Provided that in the case of the officers specified in Nos. 3 and 16 the amount
of security to be furnished may be raised by the Commissioner to such amount not exceeding five thousand rupees as he thinks fit : and in No. 20, he may exempt in special cases, c. g., Khoti villages.
"One Government servant should not be allowed to stand as surety for another for the purposes of section 23, Land Revenue Code. 77 (R. 6064-28 of 1st Novem- ber 1930).
After the issue of Resolution No. 4418 of 1916 all powers of Government under sec. 23 are delegated to the Commissioner in Sind under Act V of 1868.
"In Sind a Government servant serving in one d epartment should be permit- ted to stand surety for a Government servant serving in another department, pro- vided, in the case of Hindus, that they are not members of the same joint family.
2. Retired Government servants and servants of local bodies should not be debarred from standing sureties for Government servants/ 7
(G. R., R. D. No. 6084-28 of 2-12-31).
Security to be furnished be for e entering on appointment. When any person is appointed to any office specified in the Order, whatever may be the probable dura- tion of his tenure thereof, he shall, before entering thereon, furnish security to the amount specified or to such smaller amount as the co Hector may, in the particular case, deem reasonable and sufficient.
Number of sureties. Where he executes a bond, the number of sureties shall be ono or more, at his option, if the amount of feecnrity does not exceed one thousand rupees; and otherwise shall be not less than two.
Duties of heads oj offices in respect of securities. (1) Heads of offices in which any officer required to furnish security is serving will be held responsible for seeing that the necessary security is duly furnished, and that it is good and sufficient both at the time it is first furnished and thereafter, until it is no longer required.
(2) For this purpose heads of offices shall carefully scrutinize the security and satisfy themselves as to its sufficiency both when it is first offered and also once a year after it has been accepted, and if they deem it insufficient, shall require the officer concerned to furnish additional or fresh security.
(3; Care must be taken that no one person is accepted as surety on behalf of a disproportionately large number of officers, whether such officers belong to the same office or department or not.
(4) No Karkun should ordinarily have in his custody more than the amount for which he has given security; surplus should be placed in the treasury.
A tegister of securities to le lijt ly Cclhcttr. -(') 1 be Collector shall keep a register of all eccnrities j unit IK 1} ml iffcu ii> big difctikt in accordance 5?itt
** THE BOMBAY LAND REVENUE OoDE [ OHAJP. Ill
Order 13 for scrutiny by the Commissioner daring his tour, and shall submit an- nually to the Commissioner, on 1st October, a certificate that all such securities are good and sufficient,
(3) This register shall contain such particulars ai the Commissioner may from time to time direct. A column must be added in all cases in which to record immediately on receipt of notices of withdrawal (sec. 39) of a surety,
(3) For the purposes of sec. 31 (2) an annual declaration of all landed pro- perty is required from all officers Anderson's L. R. Code Rules, 1921 (1st ed. of 1930, pp. 8-12).
24. The Collector or the Superintendent of Survey may, at
any time after security has beon given by a Fresh or additional revenue officer subordinate to him, if it security. appear to him that the security taken is un-
satisfactory, or if the officer is transferred to an office for which larger security is require?, or for other suf- ficient reason, demand fresh or additional security and in case of the officer failing to give such security within one monto after its being required of him may suspend or dismiss him : provided always that no greater security shill be demanded than is required by the orders of Government under the last preceding section.
25. The Collector or the Superintendent of Survey or any
other officer deputed by the Collector or Demands for money, Superintendent of Survey for this purpose
K'i^rhingrS: <t alli " al1 case8 in W* ^ may have a person concerned. claim on any revenue omcer or on any person
formerly employed as such in his department or district for public money or papers or otlnr Government pro- perty, by writing under his official seal, if ho use one, and signa- ture, require the money, or the particular papers or property detain- ed, to be delivered either immediately to the person bearing the said writing, or to such person on such date and at such place as the writing may specify.
If the officer or other person aforesaid shall not discharge the
money, or deliver up the papers or property Who may be arrested directed, he may cause him to be appre- and confined in mil if , , , \ J , , - .^i
he fail to produce them, hended and may send him with a warrant, in
the form of Schedule C, to ba confined in the civil jail till he discharges the sums or delivers up the papers or property demanded from him :
Provided that no person shall be detained in confinement by virtue of any sucn warrant for a longer L.init to Confinement. perio( j than Qne ca l endar m0nth .
Revenue Officers. For the purposes of ss. 25 and 26 only village officers are revenue officers. Vide sec. 3 (1).
Officers issuing warrants under ss. 25 and 26 For form of warrant, see Schedule 0. Mamlatdars aud Mahalkaris are entitled to issue warrants under ss, 25 and 26,
Sacs. 24-27J SfcctaiTY TO BE rtjBNifeHED BY BEVENUE-OFFICEBS
23
26. The Collector of his own motion, if the officer or other person is or was serving in his department and di . strict > and U P OD the application of the arrears of revenue ; Superintendent of Survey, if *uch officer or person is or was serving in the survey de- partment in his district, may also take proceedings to recover any public moneys due by him in the same manner and subject to the same rules as are laid down in this Act for the recovery of arrears of land revenue from defaulters, and, for the purpose of recovering , , public papers or other property appertaining
4be1d7o r e n - to Government may issue a search warrant covery of papers or anc * exercise all such powers with lespect property. thereto as maybe lawfully exercised by a
Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1872.*
It shall be the duty of all persons in possession of such public moneys, papers or other property appertain- Persons m possession ing to Government to make over the same of public moneys^ &i\, & . . , . ~ n ,
bound to give them forthwith to the Collector, and every person up. knowing where any such property is con-
cealed shall be bound to give information of the same to the Collector.
i7. * The surety or sureties of such officer or other person as is aforesaid, who may enter into a bond, in
Surety to be liable in tfa f o g chedu l e fi, shall be liable to be tne same manner as ^ *. . . . ,,' -, n i
principal. proceeded against jointly and severally in the
same manner as his or their principal is liable
to be proceeded against, in case of default, and notwithstanding such principal may be so proceeded against :
provided always that in any case of failure to discharge ro
make good any sum of money due to Govern-
Extent of liability. ment Qr to pr0( juce any property of Govern-
ment of ascertained value no greater sum
than is sufficient to cover any loss or damage which the Govern-
ment may actually sustain by the default of the principal, shall be
recovered from the surety or sureties as the amount which may be
due from such surety or sureties under the terms of the security-
bond executed by him or them :
And provided also that the said surety or sureties shall in no
case be liable to imprisonment in default of
^ Sureties not liable to pr0( j u cino; public papers or property, if he or
nPa?r P they pay into the Government treasury the
whole or such part of the penalty named in
the bond as may be demanded,
* See now Act V of 1898.
24 THE BOMBAY LAND REVENUE CODE, 1879 [ OHAP. IV
28. If an officer or other person as aforesaid, or his surety or A sureties against whom a demand is made,
intaVm^byfarS ^11 give sufficient security in the form of ing certain security, ob- schedule D, the Collector shall cause such tain his release. officer or surety if in custody to be liberated,
and countermand the sale of any property that may have been attached, and restore it to the owner.
29. The liability of the surety or sureties shall not be affected
by the death of a principal, or by his appoint- Liability of surety men ^ t a situation different from that which
not affected by death fae hel( j hen ^ fe d executed, but
of principal or by his . .. . . . '
taking a different ap- s " a " continue so long as the principal occu- pointment. pies any situation in which security is re-
quired under section 23, and until his bond is cancelled.
The heirs of a deceased officer shall be liable by suit in the
Civil Court for any claims which Govern-
Liability ot heirs of ment may have against the deceased, in the
deceased officer. game way as the y WOU 1 ( J b Q 0r s i m ilar claims
made by an individual. 30. Any surety, whether under a separate or joint bond, may
withdraw from his suretyship at any time on SS? SShSt "i ftating in writing, to the officer to whom
e D0nc * bas been given, that he desires so to
withdraw ; and his responsibility under the bond shall cease after sixty days from the date on which he gives such writing as to all demands upon his principal concerning moneys, papers or other property for which his principal may be- come chargeable after the expiration of such period of sixty days> but shall not cease as to any demands for wnich his principal may have become liable before the expiration of such period, even though the facts establishing such liability may not be discovered till afterwards.
CHAPTER IV
OF CEBTAIN ACTS PROHIBITED TO REVENUE-OFFICERS, AND OF THEIR
PUNISHMENT FOR MISCONDUCT
31. No revenue officer shall, except with the express permis- _, ..... sion of Government, or of the Collector, or
Prohibited acts. Superintendent of Survery to whom he is
subordinate,
(1) engage in trade, or be in any way concerned, directly or . , indirectly, either as principal or agent, in
5 any commercial transaction whatever 5
SEOB. 28-31 ] Acrs PROHIBITED TO REVENTJE-OJFFICEBS 25
(2) purchase or bid, either in person or by agent, or in his
own name or in the name of another, or not to purchase at jointly or in shares with others, for any pro- public sale-, perty w k ic k mayj un( j er the p rov i s } ons
this Act or of any other law for the time be- ing in force, be sold by order of any revenue or judicial authority in the district in which such officer is at the time employed;
(3) hold directly or indirectly any farm or be in any way
concerned on his private account in the col- not to bo concerned in lection of payment of revenue of any kind in the revenue} the district in which he is at the time em-
ployed ; and no revenue officer shall
(4) derive either for himself or for any other individual any
profit or advantage beyond his lawful salary
nsfof pubUc 8 mo^t Or emolument ^ ? V" m0 <f f f property , P er ty wlt " the collection or charge of which he
is entrusted or connected ; or
(5J demand or receive under the colour or by the exercise of his authority as such revenue officer, or by
not to make or receive f grati fi cat i on or otherwise, Or knowiog-
undue exactions or pro- , J *? , , J , -,
SontS r ly permit any other person to demand or
receive on his behalf, any sum or any con- sideration whatever over anl above what he is legally entitled to demand or receive under the provisions of this Act or of any Other law for the time being in force.
Talatisnot to act as money lenders. Talatis detected to be engaged as money-lenders in their villages should at one-o ba dUmis33d (Gr, K. No. 4120, dated 15th August 187S).
Stipendiary village accountants not to hold land other
than hereditary. Clauses (1) and (2) of this section should be construed strictly in the case of stipendiary village accountants and permission should not be given to them to engage in money-lending or to purchase landa at public sales. Clause (3), if strictly enforced, would prohibit them from holding any lands pay- ing revenue to Government. But there is no objection to the holding of hereditary lands by stipendiary village accountants or absolutely to their holding of lands purchased otherwise than at a public sale. Ihis section requires that every revenue officer who holds land paying revenue to Government in the district in which he is employed should obtain permission to continue to hoM it, and the Collector can give or withhold permission according to the merits of each case, taking care that his orders are not unduly harsh. If the Collector considers that the position of a talati as a holder of land in his own village taluka or district conflicts, in any case with the proper performance of his duty as a village accountant, he can have him transferred (Q. B, No, 5635, dated 31st July 1883).
88 THE BOMBAY LAND REVENUE CODE, 1879 [OHAP. IV
82, Subject to rules [a\ made under section 214, all revenue- officers may be fined, reduced, suspended or Power of fining, reduc- dismissed for any such offence as is described
Sn7t b |h a om d t in the last P recedin S section ' <* for ^7 breach ves t. of departmental rules Or discipline, or for
carelessness, unfitness, neglect of duty or other misconduct;, by the authority by whom such officer is appointed; or by any authority superior to such authority ; and this power may be delegated by such first-mentioned authority, in whole or in part, to any subordinate officer on the same condition that the power of appointment may be delegated under section 21 :
Provided that, excepting Mamlatdars, no
rvenue fficer ' wh se m0nthl y 8ala T ^cecd" 250, to be fined, R S 250, shall be fined, suspended, reduced, or &c., only by order of dismissed except by order of the Governor in
the Governor in Ooun- Council, cil.
Mamlatdars empowered to fine village officers'. The Collector
may, under this section, delegate to a Mamlatdar the power of fining village officers (stipendiary as well as hereditary) subject to a right of revision and subject to any limitation, laid down by law or rule which the Collector may think fit to impose. There is no objection to the power being so delegated in any district in which the Collector thinks it expedient to adopt this course (G. R. No. 2116, dated 13th March 1883, and G. R. No. 4100, dated 30th May 1883). This last G. R. was obviously intended to apply to reveuue officers only, and not to override in any way the provisions of the Village Police Act VIII of 1867, section 9 of which expressly limits tin power of fining Police Patils to First Class Magistrgtes. If the resolution in question has been construed anywhere as empowering Mam- latdars to fine Patils for neglect of their Police duties, the practice is incorrect and should be discontinued (G. R. No. 1953, dated 15th March 1893).
Mahalkaris empowered to fine village officers. Collectors
are authorized to delegate to any Mahalkari in his district the power to fine hereditary village officers in sums not exceeding Ra. 2 subject to the conditions in the order (G. H. No. 5891, dated 23rd August, quoted in Sathe'a Land Revenue Code, 4th Ed , p. 31).
Maximum period of suspension from office for misconduct.
The maximum period for which suspension from office should be awardable a3 a specific punishment under this section thoald be fised at six months (G. R. No, 9881, dated 19th December 1884).
33. When any revenue officer passes an order for fining, reducing, suspending, or dismissing any sub- All such orders to be ordinate officer, he shall record such order made m writing. or cause the same to be recorded, together
with the reasons therefor, in writing under his signature in the language of the district or in English.
[a] Words repealci by Bom. Act IV of 1913, s. 10, are omitted.
SEOS. 32-86 ] AOTS PBOHIBITED TO EEVENTJE-OPHOEBS 27
34. No fine inflicted under the foregoing provisions shall in
any case exceed the amount of two months'
Fine not to exceed pay O f the office held by the offender at the
two months pay ; time Qf the commigsion of
All fines inflicted under this chapter may be recovered from
the officer's pay or, if necessary, may be
now recovered. realized in the same way as arrears of land-
revenue are recoverable under this Act. 35. If the Collector or Superintendent of Survey, whether of his own motion or on appeal from a subordi- Appeals. nate officer's order, pass an order for fining,
reducing, suspending or dismissing any revenue-officer subordinate to him whose monthly salary does not exceed thirty-five rupees, or
it any authority superior to the Collector or Superintendent of Survey psss any such order against a revenue officer whose monthly salary does not exceed ninety-nine rupees, no appeal shall lie against such order, except and provided always that at least one appeal shall lie against every order made, of his own motion, by any authority other th*n G overnment, for dismissing an officer whose monthly salary exceed s thirty-five rupees.
And no appeal shall lie against any order for inflicting a fine not exceeding one rupee.
Modification Of Order. No order passed by the Collector of the nature referred to in cl. (1) of this section should be reveried, modified or in- terfered with by the Commissioner. Tho object is to preclude all appeals to tho Commissioner when the subordinate involved gets Rs. 35orless.lt is subject to revision by Government (Modik's Land System a>id Viallje Administration).
A . ....... 36. Nothing in this chapter shall affect
to ^i 8 p any officer's liability to a criminal prosecu-
tion not affected by tlon * or an y offence with which he may be
this Act. charged.
Any officer subjected to such prosecution may be suspended
pending the trial, and at its close may, upon
Officer may be suspend- a consideration of the circumstances brought
le^ltS to light during^its course, be suspended,**-
ed, reduced or dismiss- duced, OF dismissed by any competent autho-
ed t rity, whether he have been found guilty oir
not,
28 TBS BOMBAY LAND BEVBNTJE CODE 1879 [ OHAP. V
CHAPTER V.
OF LAUD AND LAND-BEVENUE
37. [a] (1) All public roads, lanes and paths, the bridges, ditches, dikes and fences, on, or beside, the All public roads, &3., sai ne, the bed of the sea and of harbours and l lan p d rop W eX a o7 creek8 bel 7 high-water mark, and of rivers, others, belong to Gov- streams, nalas, lakes and tanks, and all canals, ernment. and water-courses, and all standing and flow-
ing water, and all lands, wherever situated, which are not the property of individuals or of aggregates of per- sons legally capable of holding property, and except in so far as any rights of such persons may be established in or over the same, and except as may be otherwise provided in any law for the time beinc; in force, are and are hereby declared to be, with all rights in or over the same, or appertaining thereto, the property of Govern- ment; and it shall be lawful for the Collector, subject to the orders of the Commissioner, to dispose of them in such manner as he may deem fit, or as may be authorized by general rules sanctioned by Government, subject always to the rights of way, and all other rights of the public or of individuals legally subsisting.
Explanation. In this secrion "high-water mark" means the highest point reached by ordinary spring-tides at any season of the year.
[/>] (2) ^ here any property or any right in or over any pro- perty is claimed by or on behalf of Government or by any person as against Government, it shall be lawful for the Collector or a survey officer, after formal enquiry of wh ; ch due notice has been given, to pass an order deciding the claim.
[b] (3) Any suit instituted in any Civil Court after the ex- piration of one year from the date of any order passed [c] under sub-section (1) or sub-section (2), or, if one or more appeals have been made against such order within the period of limitation, then from the date of any order passed by the final appellate authority, as determined according to section 204, shall be dismissed (al- though limitation has not been set up as a defence) if the suit is brought to set aside such order or if the relief claimed is in- consistent with such order, provided that in the case of an order under sub-section (2) the plaintiff has had due notice of such order.
[6] (4J Any person shall be deemed to have had due notice of an enquiry or order under this sectition if notice thereof has been given in accordance with rules made iu this behalf by the Governor in Council.
[a] This was originally s. 37.lt was numbered sub-section (1) of section 37 by Bom. Act. XI of 1912 s. 1.
[b] These sub-sections were added by Bom. Act XI of 1012 s. 1.
[c] Words repealed by Bom. Act II of 1919, second Schedule are omitted.
SBO. 3? ] OF L^ND AND
Public highway. This section does not authorize the Government to obstruct or divert a public highway (Ardeshir v. Almai, 63 Bom. 187).
Streets. Under s. 50 (2) of the Bombay District Municipal Act, 1901, streets vest in municipalities; i t e., the ownership of the soil does not so vest, bat the surface and so much of the sub-soil as may be necessary for the purpose of the street does vest, the municipality being in the position of a trustee (G, K. No. 2640, dated 7th March 1924).
Beds of rivers. The sovereign's rights are as great under the Hindu and Mahomedan laws as under the English. The property in the beds of navig- able rivers as in the seashore and the bottom of the sea is reckoned amongst the jura regalia of the crown (G. E. No, 1004, dated 10-3-1877 quoted in Joglekar's Land Revenue Code, p. 57).
Village Sites (QaVthan). According to the custom of the country the proprietary right in all village sites vests in Government unless it has been unmistakably published (G. Bs. No3. 4239, dated 24th July 1873 and 5292, dated 22nd September 1873 quoted in Joglekar's Land Revenue Code, p. 57).
Waste lands. Waste lands belong to the state and a permanent private right cannot be implied from the levy of a rate on a casual and desultory use of the soil (G. R. No. 2493, dated 4-5-1881, quoted inJoglekar's Land Revenue Code, p. 58).
Suit to recover possession of land Limitation. Lands form- ing part of a river-bed were leased by the Collector for cultivation to defendant No. 2 The plaintiff who owned lands on the bank of the river laid claim to the lands in dispute, but his claim was negatived by the Collector under this section on July 16, 1912. The plaintiff appealed against the Collector's order, the last appeal having been decided on July 16 ; 1913. The plaintiff sued, on April 6, 1914, to recover possession of the lands. Held, that the suit was barred under Art. 14 of the Limitation Act, 1908, inasmuch as the Collector's order having been passed before this section was amended by Act XI of 1912, time began to run from the date of the order and not from the final order in appeal (Chhotubhai c. Secretary of State, 22 Bom. L. R. 146).
Khots liave right to cultivate land left dry in a river
adjoining their land. Where the Khots of a village claimed a right to occupy and cultivate land left dry in the river bed, as far as the middle of the bed opposite their Khoti village, it was held that they were entitled to this right, and this section was not a bar to such a right (Secretary of State v. Wasudeo, 31 Bom. 456).
Collector's action, Where the Coll ector, acting under the povisioLS of this section, purports to deal with land which is prima facia the property of an individual who has been in peaceable occupation thereof and not of Government, and passes an order with reference thereto, he is not dealing with that land In his official capacity, but is acting ultra vires (Malkajeppa t;. Secretary of State, 36 Bom. 325).
Collector's power. The Collector acts ultra vires if he interferes with private land; his powers extend only to ownerless land (Secretary of State v. Mush- tak Singh, 1 S. L. R. 109).
Title Of Government. This section does nob confer title on Govern- ment and there is no presumption of title in favour of Government even as to village sites (Sultan Muhammad v, Secretary of State, (8 S. L, R. 331).
W THE BOMBAY LAND RavBHtiE OODB, 1879 [ ***' IV
Government ownership of road ways. Government is the
owner of the land forming roadways through the village site of a bhagdari village. All the land of the village site of a bhagdari is not the property of the bhagdars. The bhagdari tenure is a particular system of collecting the Government revenue* A bhagdar can have only those village fields and the portion or the village site as are assigned to him by the Government. He cannot claim the proprietorship of each lands as he is liable to pay rent or assessment to the Government for these landfl (Umar Annaji Miyajiv. Sec etary of State for India, 37 Bom. 87).
Sub-Sections (2) and (3). In its original form section 37 only pro- vided for the disposal by the Collector of Government property, and did not provide for any enquiry where there was a dispute as to whether property belong- ed to Government or not. This is now provided for in the new sub-sec. (2). In the new sub-section (3) the provisions oi s. 135 (which is now repealed) are in- cluded in an amplified form so as to cover all descriptions of property on which orders may be passed under sub-section (1) or (2). This extension is necessitated by the uncertainty whether the period of limitation prescribed in Art. 14 of the first Schedule of the Limitation Act applies to cases not covered by the original section 135 (Statement of Objects and Reasons).
Appeal. An appeal against an order passed by a Collector under sub- section (2) of this section cannot necessarily be instituted before a suit is filed in a Civil Court,
38. Subject to the general orders o Government, it shall be lawful for survey officers whilst survey ope-
Landsmaybeaesign- rations are proceeding under Chapter VIII ed for special purposes, r n , r . . r \* ^ ,, and Mi and at any other time for the [6] Collec-
tor, to set apart lands the property of Govern- ment and not in the lawful occupation of any person or aggregate of persons, in unalienated villages or unalie- when assigned shall not nated portions of villages, for free pasturage
be otherwise used with- for tfae vi jj cattl for foregt reserves or
out sanction of the Col- j. i i i i
lecto^ for any other public or municipal purpose ;
and lands assigned specially for any such pur- pose shall not be otherwise [c] used without the sanction of the [6] Collector; and in the disposal of land under section 37 due re- gard shall be had to all such special assignments.
Notes. This section gives the Collector the power of setting apart lands for public purposes ; but the arrangements by which that power is to be exercised by Survey Officers, while survey operations are proceeding, is not thereby disturbed (Select Committee's Report).
Sees. 38 to 40 (both inclusive) do not apply to any estate in the districts of Ahmedabad, Kaira, Broach, or Panch Mahals to which the Gujarat Takkdars' Act, 1888, extends (See Bom. Act VI of 1888, ss, 1 and 33),
[a] Words repealed by Act III of 1883 are omitted.
[b] " Collector" was substituted for "Commissioner" by Bom. Act IV of 1905, First Schedule.
[c] Thia word was substituted by Bom. Act IV of 1913, s. 11, for the ori- ginal words "appropriated or assigned ".
SJECS. 38-40 ] OF LA.ND AND LAND-REVENUE. 31
"Land Set apart for any purpose" is not confined to land set apart under this section. Land which has from tima immemorial beeu used as aJ public road, is none the less set apart for that purp03e, though this may hive taken place years before survey operations took place under Chapter VII of the Code (Pranlal v. Secretary of State, P. J. 1897, p. 366).
Municipalities can permit lands assigned as air spaces to be used for temporary purposes with the approval of the Collector or the local revenue officer in charge of the city survey. Half the proceeds derived from such uee should be paid to Govern- ment (G. R. No. 125-24, dated 7-2-1925, quoted in Joy Mar' t Supplement No. 2 to his Land Reuenue Code, p. 6).
39. The right of grazing on free pasturage lands shal*
extend only to the cattle of the village or
Regulation of use of villages to which such lands belong or have
pas urage. ^ eea agg jg ne( j^ an( j g ^ a u ^ e re g u l a ted by rules
to be from time time, either generally or in any particular instance, prescribed by the Collector with the sanction of the Commissioner. The Collector's decision in any case of dis- pute as to the said right of grazing shall be conclusive.
"Village cattle." -The phrase "village cattle*' does not include the cattle of any roving grazier who may choose to squat for a few months on the public ground of a village (Collector ofThana v, Bal Patcl, 2 Bom. 110).
40. t In villages, or portions of villages, of which the original
survey settlement has been completed before
Concession of Govern- the passing of this Act, the right of Govern- r 8 foaints ee c 8 om- ment to all trees in unalienated land except ploted before the pass- trees reserved by Grovernment, or by any ing of this Act. survey officer, whether by express order made
at, or about, the time of such settlement, or
nnderany rule, or general order in force at tlie time of such settle- ment, or by notification made and published at, or at any time after, such settlement, shall be deemed to have been conceded to the occupant. But in the case of settlements completed before the passing of Bombay Act I of 1865 [a] this provision shall not apply to teak, black- wood or sandal -wood trees. The right of Govern- ment to such trees shall not be deemed to have been conceded, except by clear and express words to that effect.
In the case of villages or portions of villages of which the
original survey settlement shall be completed
Ditto, in case of settle. a f te r the passing of this Act, the right of
ments completed after ~ r j. A n ^ r * J? i j
the passing of this Act. Government to all trees in unahenated land shall be deemed to be conceded to the occu- pant of such land, except in so far as any such rights may be reserved by Government, or by any survey officer on behalf of
[a] Bom. Act I. of 1865 (except sections 37 and 38) is repealed by s. 2 of this Act, which has been repealed by Bom. Act IV of 1913, s. 2. 5
32 THE BOMBAY LAND REVENUE CODE, 18? 9 [ CHAP. IV
Government, either expressly at or about the time o such settle- ment, or generally by notification made and published at any time previous to the completion of the survey settlement of the district in which such village or portion of a village is situate.
When permission to occupy land has been, or shall hereafter TV,. . . , _ be, granted after the completion of the sur-
tE^JZt^Si ^y sHttlenient of the village or portion of tion of settlement. a village in which such land is situate, the
said permission shall be deemed to include the concession of the right of Government to all trees growing on that land, which may not have been, or which shall not hereafter be, expressly reserved at the time of granting such permission, or which may not have been reserved, under any of the foregoing pro- visions of this section, at or about the time of the original survey settlement of the said village or portion of a village.
Trees. Trees belong always to the landlord, not to the tenant. But a permanent tenant, the origin of whose tenancy is lost into antiquity, is entitled to the trees. For tenant's rights to the produce of trees, see 80 All. 134 and 38 Bom. 716).
"Trees reserved,"
The accused were occupants of a Survey Number in a village in which tho first survey settlement was introduced in 1865, and the revised settlement in 1889. Considerable time after the settlements, sandal- wood trees grew on . the land. Those trees .having been cut and removed by the accused, without the permission of Government, the accused were convicted of a breach of Rule 2 framed by Bom- bay Government under e. 75 cl. (c) of the Forest Act and punished under s. 76 of the Act. Held, reversing the convictions and sentences, that under this section the right of Government was confined to reserved trees existing at the date of tho settlement and that all subsequent growth belongs to the occupant (Emperor v. Yellappa, 45 Bom. 110).
Forest rights. In Bombay forest rights are discussed in G. B. No. 2493, dated 4th June 1881. Dunlop'g (Kdaba and Ratnagiri) and Karri's (Kanara) proclamations are discussed in 8 Bom. H. 0. 2 and 3 Bom. 728.
41. The right to all trees specially reserved under the pro- vision of the last preceding section, and to Governmeat trees and all trees, brushwood, jungle or other natural or product growing on land set apart for forest
reserves under section 32 of Bombay Act I of 1365 [a] or section 38 of this Act, and to all trees, brushwood, jungle or other natural product, wherever growing, except in so far as the same may be the property of individuals or of aggre- gates of Individuals capable of holding property, vests in Govern- ment ; and such trees, brushwood, jungle or other natural product shall be preserved or disposed of in such manner as Government may from time to time direct.
[aj Bom. 1 of 1865 (except as. 37 and 38) is repealed by s. 2 of this Act, which has been repealed by Bom. Act IV of 1913, 8. 5,
SEOS. 41-43 ] OF LAND AND LAND-REVENUE S3
"Or Other natural product," These words were added with the view of protecting existing rights of Government to such products as lao, honey, gum, resin, catacha, etc. (Proceedings of the Legislative Council).
TrrOS in Pa til Inam land No Civil Court can try suits against Gov- ernment for trees in Patil Inam land (P. J,, 1893, p. 186).
Note. The provisions in ss. 40 and 41 relating to trees on occupancies are based upon the principle that trees standing or growing on occupancies do not be* long to occupants, but belong to Government. The provisions refer to two classes of trees reserved, and not reserved, and declare that occupants have no manner of right to the trees reserved by Government.
[a] 42. All road-side trees which have been planted and reared by, or under the orders of, or at the ex- Road-side trees. pense ^ Government, and all trees which have
been planted and reared at the expense of Local Funds by the side of any road, which vests in Government, vest in Government [a]. But in the event of such trees dying, or being blown down, or being cut down by order of the Collector, the timber shall become the property of the holder of the land in which they were growing ; and the usufruct, including the lop- pings of such trees, shall also vest in the said holder : provided that the trees shall not be lopped except under the orders of the Collector.
M
43. Any person who shall unauthorizedly fell and appro- priate any tree or any portion thereof or re JrK u 6 ho! oveM from hi. holding, [c] any other rizedly appropriated. natural ^ product [c] whether of the like description or not [c] which is the property of Government, shall be liable to Government for the value thereof, which shall be recoverable from him as an arrear of land revenue, in addition to any penalty to which he may be liable under the provisions of this Act for the occupation of the land or otherwise ; and notwithstanding any criminal proceedings which may be in- stituted against him in respect of his said appropriation of Gov- vernment property.
The decision of the Collector as to the value of any such tree, or portion thereof, or other natural product, shall be conclusive.
"Any Other natural product." This expression does not include excavated stones (Afadhavdas v. Secretary of State } 6 Bom. L. B. 1117).
[a a] This was substituted by Bom. Act IV of 1913, s. 12 (a), for the original paragraph.
[b] The last two paragraphs repealed by Bom. A.ct IV of 1913, s. 12 (b), are omitted.
These words were inserted by Bom. Act IV of 1905, First Schedule,
** THE BOMBAY LAND REVETOH CODE, 1879 [ OHAP, IV
44. In villages or lands in which the rights of Government
Begulation of supply t0 $* * ha . been . ^erved under sec. 40 of fire-wood and timber 8ub J ect tc > certain privileges of the villagers for domestic or other cr of certain classes or persons to cut purposes. fire-wood or timber for domestic or other
purposes, and in lands which have been set apart under section 38 for forast reserves subject to such privileges, and in^ all other cases in which such privileges exist in respect of any alienated land, the exercise of the said privileges shall bo re- gulated by rules to be from time to time, either generally or in any particular instance, prescribed by the Collector or by such other officer as Government may direct. In any case of dispute as to the mode or time of exercising any such privileges the decision of the Collector or of such other officer shall be conclusive.
NotO. AB to the local repeal of this section, see note 3 on p. 1, supra.
The offence of unauthorized cutting of trees in Government waste land, and of reserved trees in occupied lands, can be tried under section 76 of the Forest Act. The ruling of Koya Mavji (Or. Rg. 49, dated 6th October 1896) is no bar to such a prosecution (G. B. No 3394, dated 26th May 1903, quoted in Sath's Land Revenue Code, 4fch Ed., p. 47).
45. All land, whether applied to agricultural or other pur- . , , v , . poses, and wherever situate, is liable to the
remits l%l W""t o ** enue * Government ally exempted. according to the rules hereinafter enacted
except such as may be wholly exempted under the provisions o any special contract with Government or any law tor the time being in force.
But nothing in this Act shall be deemed to affect the power of
. _ . _ the Legislature to direct the levy of revenue
ttaHLTff T5 n * U If* nder whatever title they may be
necessity be overruled held whenever and so long as the exigencies
for a time. of the State may render such levy necessary.
Assessment of revenue. Strict proof must be given of any right set up in derogation of tha inherent right of the sovereign to assess the land at his discretion ; and the facts that the lands in question were waste lands reclaimed from the sea which the inhabitants were invited to cultivate, or that a very small rent has been paid for many years, do not show that the Government has forfeited its right to enhance the assessment in respect of such lands (Shapurji 9. The Colkctor of Bombay, 9 Bom. 488).
Hf on-agricultural land. Non-agricultural land whether the Sarkari or occupied Kharabo, which has not been assessed and which is excluded from settle- ment guarantee, is liable to be assessed from the first year, in which the occupation was officially discovered (G. B. No. 7058, dated 26th September 1923, quoted in Joglekar'a Supplement No. 2, p. 7).
SBC*. 44-46 ] Op LAND AND LAND REVENUE 85
46. All alluvial lands, newly-formed islands, or abandon- ed river-beds which vest, under any law for Liability of alluvial t k e time being in force in any hoMer of lands to land revenue. alienated land, shall be subject in respect of liability to the payment of land-revenue to the same privileges, conditions or restrictions as are applicable to the original holding in virtue of which such lands, islands or river- beds so vest in the said holder, but no revenue shall be leviable in respect of any such lands, islands, or river-beds until or unless the area of the same exceeds half an acre and also exceeds one-tenth of the area of the said original holding.
Notes. This section is subject to modification when applied to any estate in the districts of Ihmedabad, Kaira, Broach or Panch Mahals to which the Gujarat Talukdara' Act, 1888, extends (Fide Bom. Act VI of 1888, as, 1 and 33).
This section and the following section treat of alluvion and diluvion formed on alienated lands, while those formed on Government land are treated in sa. 63 and 64.
Alluvion and Diluvion. The subject of alluvion is one of the moat difficult in the law of land. The references in ss. 37, 46 and 53 to 'any law for the time being in force' are vague ; since so far as is known, there is no such law in force behind the Land Revenue Oode except in the case-law or judge-made law based upon the common law and natural equity, and some special Municipal and Fort Tr,ust enactments outside Bombay Island. Alluvion must, according to these ruling3.be interpreted to mean strictly graduil, slow, and imperceptible \im- perceptible day by day as it occurs but of couree perceptible enough in the long run (Halsbury's Laws of England, Vol. 28, p. 362) accretion by deposit of fresh soil by water upon existing riparian land (Justinian and 3 Beng. L. E. p. 525, 187jO). Band blown by the wind or a mass of shingle suddenly flung up after a storm, or new land left bare by a receding sea or a diverted river is not alluvion but derelict land. Nor would the deposits in a river-bed which raise their surfaces above the hot-weather water-level be treated as alluvion in respect of a holding terminating on the upper edge of the steep bank of a river high above the deposit ; there is no physical connection bet ween them, to which the term 'accretion' would be applic- able (Narendra v. Achhaibar, 28 All. 647 j see also 27 All. 655).
(This condition of gradual change does not attach to diluvion). The fact that a riparian holder (or even, semble, a third person) by artifice assisted the alluvion to form does not affect the law. The persons to whom an alluvial strip of frontage had been granted were evicted in favour of the riparian hissedars (G.E. No. J2383 of 1919). Nor does the fact that it forms in situ of previous diluvion (for which assessment was reduced) affect the title of present riparian holders (G. E. No. 744 of 1919). The existence of a public foot-path along the old estate boundary or anything else which puts a limit to the riparian owner's proporty would prevent the deposit of fresh soil from being an accretion, and so from being alluvial at all (Anderson's Land Revenue Rules, 1921, 1st ed. of 1930. pp. 69-70).
The riparian holder is not obliged to accept possession and pay assessment or judi for*any accretion, alluvial or not, unless he wishes. If it is unprofitable, he can decline ; though he would then run the risk of the land being allotted to some other person. In the case of alluvion there is a limit (in the case of unalienated
36 THE BOMBA.Y Lim> REVENUE OODB, 1879 [ OHAP. IV
land) of one acre to his right of free enjoyomt ; and no limit of his right of occu- pation of alluvion subject to the payment of revenue. Conversely this seems to imply no title to exemption from revenue whoa the extension is not alluvial. In the case of an alienated riparian holding, it has first to be decided whether the alluvion or abandoned shore or river bed, or new island, does vest legally in the Inamdar. It has been held (7 Born. L. R. 872) not so to vest unless his original grant had covered the area now reformed or reappeared (since such grants are con- strued stmtly against the grantee). Again G. R. No. 744 of 1919 rejects the view that the alluvion formed in place of old diluvion, on the site of an inam grant, be- comes Inam : but no reasons are given and the order has not been confirmed by any legal decision. This section does not confer any proprietary ri^hb on the Inamdar, but simply refers us to the general hw. New islands not "formed on any bank or shore" and other alluvion not proved to voat in an laaoaiar would fall under s. 63 .......... The Code gives no power to frame rules for alluvion, but
only for diluvion, and does nob deal with the proprietary right bu" only with the liability to pay land revenue (or quit rent and salami, if alienated). This section cannot apply to Khoti or Talukdari villages, because land held by Knots andTalnkdars is not alienated. It might apply to Kadi in or Phut Inam lands in such villages (Ibid.).
47. Every holder of land paying revenue in respect thereof
shall be entitled, subject to such rules as may
Assessment of land be from time to time made in this behalf by
revenue in cases of duu- . ~ ~ ., , , J f
v i ODt the bovernor in Council, to a decrease of
assessment if any portion thereof, not being less than half an acre in extent, [a] is lost by diluvion. [6] * * * *
[c] 48. ( 1) The land revenue leviable on any land under
the provisions of this Act shall be assessed,
Manner of assessment cr 8 h a ll be deemed to have been assessed, as
and alteration of assess- ^. , .,, - A . ' -
men k the case may be, with reference to the use of
the land
(a) for the purpose of agriculture, Prohibition of use of ^ f th purp0se of building, and
land for certain pur- ) / r r r i.
p 08es . (c) for a purpose other than agriculture
or building,
(2) Where land assessed for use for any purpose is used for any other purpose, the assessment fixed under the provisions of this Act upon such land shall, notwithstanding that the term for which such assessment may have been fixed has not expired, be liable to be altered and fixed at a different rate by such autho- rity and subject to such rules as the Governor in Council may prescribe in this behalf.
() Where land held free of assessment on condition of being used for any purpose is used at any time for any other purpose, it shall be liable to assessment.
[ a\ Words repealed by ISo-ja Ace. IV of 1913, s. 13, are omitted. * [b\ The para., repealed by Bom. Act IV of 1913, s. 13, is omitted. [c] Ihis section was substituted by Bom. Act IV^of 1913, s. 14, for the oru ginal section.
SECS. 47-48] OF LAND AND LAND REVENUE S7
(4) The Collector or a survey officer may, subject to any rules made in this behalf under section 214, prohibit the use for certain purposes of any unalienated land liable to the payment of land revenue, and may summarily evict any holder who uses or attempts to use the same for any such prohibited purpose.
Construction and scope. This section provides only for an altered assessment and not an additional assessment. Where, therefore, the raiyat's agri- cultural assessment in virtue of the grant of a village is given to the grantee, the altered aasementin respect of the lands converted from agricultural to building site (i. e. t the building assessment) also goes to the grantee (Bomanji v. Secretary of State, 63 Bom. 30, P. 0.).
"Used." The substitution of the word "used" for the word "appropriated*' was in accordance with the ruling reported in 3i Bom. 2 39 (Secretary of State v. Laldas).
"Used for any purpose." Under cl (3) of this section where mahara held land rent-free of assessment for maharki service and used it for non-agricul- tural purposes, it was held that they could not be assessed (G. Rs. Nos. 31012 and 5115 of 1891). Evidently "used for any purpose" is not the same as "assessed for a use." They could still apply the profits to remunerate their service as mahars* But this would Dot debar action if pot kharab of class (b) in alienated land were diverted from the use for which it was held free (G. R. No. 3909 of 1916).
Non-applioation of L. R. Rules in khoti, or talukdari
Villages nor to Thana WOOd lands. The Land Revenue Rules do not apply in Khoti or Talukdari villages, nor to Thana wood lards which are not held under settlement, but are forest lands.
Agricultural and non-agriOUltural Use Farm buildings (mean- ing the residence of a cultivator or his tenants, and his barns and cattle sheda etc. (41 Bom. 609) or even of a landlord for the purpose of cultivating or super- vising the cultivation of his land, water-lifts and granaries and all that is in- separable from cultivation) are agricultural uses. < Agriculture' means the plough- ing, sowing, tilling and reaping of some crop or produced/or profit. Letting a few trees or flowers grow for pleasure is not agriculture. There are some (market) gardens in which roses, etc., can be seen cultivated for the market, wliich is cer- tainly agriculture. A dairy farm was held to be agricultural in G. R. No. 7307 of 1917. Storing manure is an agricultural purpose (G. R. No. 7702 of 1899). But a Co-operative dairy is non-agricultural. Oane crushing and Gul boiliDg are essantial to cane cultivation and are not non-agricultural uses (Anderson's L,R. Rules, pp. 78-79).
Land owned by or transferred or assigned to a Municipality for one purpose but then leased to non-agricultural uses (such as houses or Cinema Halls) ia liable to assessment (Ibid).
Extra assessment. Plain tiff converted his land from agricultural to non-agricultural uses by establishing a brick kiln in 1872. He was called upon by the Collector to pay this time the assessment as fine for the conversion under s. 35 of Bombay Act I of 1865. Plaintiff, thereupon, erected gome huts on the land. At the revision of survty which took place in 1889 the land was assessed as agricultural. Sometime between 1897 and 1901, plaintiff erected
4$ THE BOMBAY LAND REVENUE CODE, 1879 [ CHAP. IV
a substantial building on the land. In 1 012 the Collector levied building fine from the plaintiff. Held, that though the levy of additional assessment under s. 35 of Bombay Act I of 1865 might have protected the plaintiff against its en- hancement before the Revision Survey of 1889, still this section rendered him liable to pay extra assessment for the conversion in use which took plaoe after the date of the Revision Survey of 1889 (Muhammad, Bhai v. The Secretary of State for India, 42 Bom. 126).
Altered assessment when leviable. An occupant is not liable to
pay altered assessment for his land so long as it is used for the performance of an operation necessary to put the crop of that land into any ordinry marketable form 5 for anything beyond it, altered assessment h leviable (G. U No. 5321, dated 14-12-1922, quoted in Joghkar's Supplement No. 2, p. 7).
Co-Operative Housing Societies, In the case of Oo-operative Housing Societies, "general utility" roads, t. e., all thoroughfares in the strict meaning of the term should be exempted from non-agricultural a93e3sment, while roads within private compounds are liable to assessment (Ibid, p 8.)
49. \V hen it has been customary to levy any special or extra
cess, fine, or tax, however designated, from Commuted assessment ho j der of j an j which tho h nominally
?J?he slaSr wholly or partially exempt from the payment
of land revenue, has by the exaction of such cess, fine or tax been indirectly taxed to the State,
or when any land ordinarily, or under certain circumstances,
wholly or partially exempt from assessment,
and of land liable to i s subject occasionally, or under particular
occasional assessment. circumstances, to the payment of assessment,
or of any cess or tax however designated, the said assessment, cess, fine, or tax maybe commuted into an annual assessment on the land to be paid under all circumstances, but such commuted assessment thall not exceed such amount as the Commissioner shall deem to be a fair equivalent of the assessment, cess, fine or tax for which it is substituted, and shall not be in ex- cess of the assessment to which the land would be ordinarily sub- ject, if no right to exemption existed in respect thereof.
50. Whenever any such cess, fine or tax hitherto payable by
an inferior holder shall be made leviable Superibr holder may f rom the superior holder, it shall be lawful
recover commuted as- , r . i i i , r \
Bessment from inferior for such superior holder to recover from suca holder. inferior holder the amount of the commuted
assessment fixed in lieu of such cess, fine or
tax,
51. When it has been customary to levy a larger revenue
under the name of "veto" or any other desig- Excees oi assessment ua ti on upon any portion of land than such ** "S2a P0ion would ordinarily be liable to in con- with ' it. sideration of other land being held with it
which is wholly or partially exempt from
49-53 J OF LAND AND LAND-REVENUE. 30
payment of revenue, the excess of revenue payable on the said portion of land may be charged upon the land hitherto held wholly or partially exempt.
Veta and Ohali tenures. The tenures in Gujarat are called veta , while those in the Karnatic Districts are called chali.
[a] 52. On all lands which are not wholly exempt from the payment of land revenue, and [b] on which Assessment by whom the assessment has not been fixed under the to be fixed. provisions of section 102 or 106, the assess-
ment of the amount to be paid as land re- venue shall, subject to rules [c] made in this behalf under sec- tion 214, be fixed at the discretion of the Collector, for such period as he may [c] be authorized to prescribe, and the amounts due according to such assessment shall be levied on all such lands :
Provided that in the case of lands partially exempt f>om land- revenue, or the liability of which to payment of land-revenue is subject to special conditions or restrictions, respect shall be had in the fixing of the assessment and the levy of the revenue to all rights legally subsisting, according to the nature of the said rights [rf].
Note. This section gives authority to the Collector to assess unoccupied and unallocated lands which were within the operation of an order under s. 95, but which were left unassesaed at the settlement (Statement of Objects and Reasons).
The effect Of this Section is to give the Collector the discretion to fix the assessment ; and the effect of s. 217 of the Code is to render the occupants in alienated villages subject to a settlement like the occupants in unalienated villages. But neither section takes away any legal right which an occupancy tenant may have acquired independently of his bare status as an occupancy tenant liable to pay the land-revenne according to survey rates (Laxman r. Govind, 28 Bom. 74, at p. 80).
53. A Register shall be kept by the Collector in such form as may from time to time be prescribed by Register of alienated the Governor in Council of all lands, the alie- lands - nation of which has been established or recog-
nized under the provisions of any law for the time being in force ; and, when it shall be shown to the satisfac- tion of the Collector that any sanad granted in relation to any such alienated land has been permanently lost or destroyed, he may, subject to the rules and the payment of the fees prescribed by the Governor in Council under section 213, grant to any person whom
fa] This section was substituted by Bom. Act VI of 1901, s. 4, for the ori- ginal section.
[b j "And" was substituted for "or" by Bom. Act IV of i 905, lat Sch.
[c] Words repealed by Bom. Act IV of 1913, s. 15, aie omitted.
[d\ The validity of past assessments purporting to have been fixed under s. 52 is saved by Bom. Act VJ of 1901, s. 5.
6
40 THB UOMUAY LAND UKVENUE OODB, 1879
he may deem entitled to the same a certified extract from the said Register, which shall be endorsed by the Collector, to the effect that it has been issued in lieu of the sanad said to have been lost or destroyed, and shall be deemed to be as valid a proof of title as the said sanad.
54. The settlement of the assessment of each portion of land, . , or survey number, to the land revenue, shall
toT aS8e be
the holder directly from 136, is primarily responsible to Government
Government. for the same, [a]
Note. This section is subject to modification when applied to any estate in the districts of Ahmedabad, Kaira, Broach or Panch Mahals to which the Gujarat Talukdars' Act, 1888, extends (See Bom. Act VI of 1888,88. 1 and 33).
55. The Governor in Council may authorize the Collector or
the officer in charge of a survey, or such
Kates for the use of ot her officer as he deems fit, to fix such rates
wa er * as he may from time to time deem fit to
sanction, for the use, by landholders and
other persons, of water, the right to which vests in Government,
[b] and in respect of which no rate is leviable under the Bombay
Irrigation Act, 1879 [&]. Such rates shall be liable to revision at
such periods as Government shall from time to time determine, and
shall be recoverable as land- revenue.
Notes. This is a new law authorizing the imposition; and the recovering* as land-revenue, of rates for the use of water the right ta which vests in Government or which has been made available by Government works {Report of the Select Com- mittee).
This section does not permit the Collector to levy a penalty, but he can levy the minimum rate sanctioned by Government.
"Such Other Officer as he deems fit." These words were intro- duced to enable Government to entrust the duty of assessing water to a canal officer or to any other special officer {Proceedings of the Bombay Legislative Council for 1877).
Maximum water rates for Thana, Kolaba, Dharwar and
Belgium, Maximum water rates have been sanctioned for the following districts :
District Bate per acre.
Rs.
Thana 5
Kolaba 5
Dharwar 8
Notifications Sind. In exercise of the powers given by this section, the Governor in Council authorizes the Commissioner in Sind to fix rates for the
| a] The paragraph repealed by Bom. Act IV of 1913, section 16, is omitttd. | & />j These words and figures were substituted for the original words by Bom. Act VII of 1879. s. 2.
Sssos. 54-56] OF LAND AKD LAND REVENUE 41
use, by landholders and others, of water the right to which vests in Government, for the cultivation of rice on any land not assessed and entered in the Survey Re- gisters as rice land.
2. The amount of such rate shall be sabjeot to the appro? il of Government and shall, after sanction, bs notified in the office of the Mukhtyarkar of the taluka in which the land, on account of which the rate is levied, is situated.
3. Any person desiring to grow rice in land not assessed as rice lands shall make an application in writing to the Mukhtyarkar or other officer duly autho- rized to receive such application, for permission to make use of the supply of water needful for growing rice, stating if he requires it for one year only or per- manently ; and if any person cultivates rioe in such land without such permission* he shall be charged with double the ra*:e ha would otherwise have been required to pay had he applied for and obtained permission.
4. All persons who now hold or miy hereaftor apply to take uplands assess- ed and recorded in the Survey Registers as rice lands shall, as soon as possible after the publication of these Rules or on application to take up such lands, be tendered a list of such rice lauds then being or about to ba in their occupation, and rice shall not be grown on any number not included in such lists except on pay- ment of the extra rate (B. G. G., 1881, Pt I, p. 396).
All Collectors in the Presidency, other than Collectors in the Province of Bind, are authorized to fix such rates as he miy frooa time to time deem fit to sanction for the use, by landholders and other persons, of water within the limits of their respective districts, in all cases in which the right to such water vests in Government, and no rate in respect thereof is leviable uuder the Bombay Irri- gation Act, 1879 (B. G. G., 1896, PL. I, p. 583).
5G. Arrears of land revenue due on account of land by any land-holder shall he a paramount charge on pa ^ bold i *"<! every part thereof, failure in
the land. payment of which shall make the occupancy
or alienated holding, together with all rights of the occupant or holder over all trees, crop^, buildings and thing* attached to the land or permanently fastened to anything attached to the land, liable to forfeiture, whereupon the Collector may levy all sums in arrear by sale of the occupancy or alienated holding, [a] or may otherwise dispose of suuh occupancy or alienated hold- ing under rules [b] made in this behalf under section 214, [c] and such occupancy or alienated holding when disposed of, whether by sale as aforesaid, or by restoration to the defaulter, or by transfer to another person or otherwise howsoever, shall, unless the Collector otherwise directs, be deemed to be freed from all tenures, rights, insumbranees and equities theretofore created in favour of any person other than Government in respect of such occupancy or holding, [c]
[a] Words repealed by Bom A-st VI of 1901, section 0, are omitted.
[I] Words repealed by Bom. Act. IV of 19.3, ss. 17 aud 18 are omitted.
[c c\ These words were added by Bom. Act VI of 1901, s. G.
42 THE BOMBAY LAOT REVENUE CODE, 1879 [ OHAP. V
Notes. This section is amended as to make ifc clear that an occupant to whom forfeited land has been restored oj transferred otherwise than by sale, will have the same rights as if he had purchased it (Report of the Select Com- mittee).
"OpOUpant" "Occupancy." The terms 'occupant' and 'occupancy' are subject to modification when applied to any estate in the districts of Ahmeda- bad, Kaira, Broach or Panch Mahals to which the Gujarat Talukdars* Act, 1888, extends (Vide Bom. Act VI of 1888, ss. 1 and 33).
Retrospective effect.- This section as amended by Bom. Act VI of 1901, has restrospective effect and empowers the Collector to transfer a forfeited occupancy freed from all liens, whether such occupancy was validly forfeited under the code prior to tho Amending Act or was forfeited in compliance with the provisions of s. 153 as amended by Bom. Act VI of 1901 (Gagandas v. Yusif, 8. S. L. R. 233).
Applicability Of this Section. This section does not apply where there has been no forfeiture under s. 153 (Chitta Bhulla v. Bai Janmri, 40 Bom. 486)-
Go-owners Grant of fallow forfeited land. A grant of fallow
forfeited land to one of several c9-o\vners is a grant so him personally, especially where it is granted to him on restricted tenure, unless it is proved that he availed himself of his position as co-owner gand gained an advantage in deroga- tion of the rights of others (Abdul RMmanv. Haji Mahomed, A. I. R. 1929, Sind, 212).
Mortgagor's right to redeem. The plaintiff's grandfather mort- gaged his lands in 1872 and placed the mortgagee in possession. There was de- fault in payment of assessment, as the result of which the prope rty was forfeited by Government under this section as it stood before its amendment in 1901. Gov- ernment re-sold the property to the mortgagee in 1884, and transferred its khata from the name of the mortgigor to that of the mortgagee. In 1921, the plaintiff sued to redeem the mortgage. Held, that the right to redeem was lost owing to the forfeiture of the laud under the original section ; and that before the plaintiff could succeed he mist show thit the forfeiture and the revenue sale were due to the default of the mortgagee in not paying the assessment and that the income of the land was sufficient to pay the assessment or that in so me way the mort- gagor had put the mortgagee in funds wherewith to pay the assessment (Abdul Rehman v. "Vinayak, 29 Bom L. R 1056).
Forfeiture Of Ocoupanoy. Where an occupancy forfeited under this section has been disposed of by the Collector undar ss. 32 end 62 of the HJes under s 214 (old rules), to a person signing a kabulyat in form B, the Collector cannot subsequently order the occupancy to be taken from that person and restore it to the occupant b2f ore forfeiture (Dharma v. Bolamiya, 36 Bom. 91).
Re-grant if free from inoumbranoes. Where a land vests in the
originl tenure-holder under a new tenure created by this section as amended by Act VI of 1901, the laud vestel freefroTi ail incumb ranees and from all previous equities The fact that default in the payment of revenue was made is immaterial (Vedu Shivlal v. Kalu, 37 Bom. 692).
Arrears Of assessment. Forfeiture ordinarily implies the loss of a legal right by reason of some breach of obligation. When arrears of assessment
SBOB. 53-58 ] OP LAND AND LAND-REVENUE 43
are levied by sale, then this section, in pursuance of an obvious policy, empowers the Collector to sell "freed from all tenures, incumbrancea and rights created by
the occupant or any of the predecessors in- title or in any wise subsisting as
against ?uch occupant/' Should the Collector otherwise dispose of the occupancy, this section affords no such protection ; and the legil relations must be determined by reference to the ordinary law. So judged, the effects of a forfeiture and subse- quent acquisition of the forfeited property are subject to the control of equities arising out of the conduit of the parties (Amolak Banechand c. Dhondi Khindu Bhosale, 30 Bom. 466). See also Balkrishm a. Madhavrao, 5 Bon. 73).
Grant tO one 00-Owner. Where after amendment of this section, pro- perty is granted personally to one of several co owners in the absence of circum- stances contrary, it must be deemed to have beea granted to him individually. If another co-owner wishes to take advantage of a. 90 of the Trusts Act, he must allege and prove that the former by availing himself of the position of a co- owner, had gained an advan'age in derogition of the rights of other co-owners (Uttamchand Mangkirmal v. Salamjtrai Khubchand, A I. R. 1931 Sind 27).
57. It fhall be lawful for the Collector, in the event of the
forfeiture of a holding through any default
Forfeited holdings may payment or other failure occasioning such
be taken possession of . } ,f , ,, , . & "^
and otherwise disposed forfeiture under the last section or any law of. for the time being in force, to take imme-
diate possession of [a] such holding and to dispose of the same by placing it in the possession of the purchaser or other person entitled to hold it accord 1 ' ng to the provisions of this Act or any other law for the time being in force.
[b] 58. (I) Every Revenue officer and e?ery hereditary patel and every hereditary village accountant Keceipts. receiving payment of land-revenue shall give
a written receipt for the same.
(2) Every superior holder of an alienated village or of an alienated share of a village who is entitled to recover direct from an inferior holder any sum due on account of rent or land revenue shall give to auch inferior holder a written receipt for the same.
(3) Every hereditary patel and hereditary accountant who receives, in behalf of a superior holder of an alienated village or of an alienated share of a village, any rent or land-revenue from an inferior holder shall give to such inferior holder a written receipt for the same. Such receipt shall be a full discharge to such in- ferior holder for such rent or hnd-revetiue as against such superior holder. A c )py of reaeipt shill in every ctse be sent to the superior holder by such patel or accountant.
[a] The words repealed by Bom. Act IV of 1913, s. 17 are omitted. [b\ This was sub3tituted by Bom, \ct I of of 1910, 1st Ssh., Part II, serial No, 8, lor the original section,
44 THE BOMBAY LAND BKVEITOE CODE, 1879 [ CHAP. VI
Hereditary officers to grant receipts-. The provisions of sections
68 and 59 should be made applicable to Hereditary officer* (G. R. No. 5430; dated 14th October 1880, quoted in Qathe's Land Revenue Code , 4th ed., p 70).
The revenu 3 should ba paid to the Patil in the presence
Of the Kulkarni, and when the former is absent, tha K-i Ikarni might receive it (G. B. No. 3S45, dated 19th M*y 1833, quoted in &tthe's Land Revenue Code, 4th ed, p. 70).
Receipts exempt from stamp duty.
Every receipt given under this section is exempt from stamp duty; bat receipts given not only by Dunaldars bat als ) by any Inxnaiir t:> tho villaga officers for auma paid by auoh officers to the Dmildar or laanlar oa account of laud- revenue collections must be stamped, when the SITU, in reap act of which the receipt is given, exceeds R*. 20 (G. R R D, No 2641, dated 27th March 1884, quoted in Sathe's Land Revenue Code, 4th ed , p. 70).
Village accountant bound to give receipt.
The village accountant receiving a payment of land-revenue is bound to tender a receipt for the same in some form, and if a receipt book is not produced by a rayat, the accountant has no choice bat to prepare aud tender it to the rayat on a separate p iper (G. R. NX 3661, dated 7th Miy 1881).
59. Any person convicted of a breach of the provisions of the
last preceding section after summary inquiry
Penalty for failure to before the Collector shall be liable to a fine
grant receipts. n0fc exC3ec [j n g three times the amount receiv-
ed for which a receipt was not duly granted,
and one-half of the fine miy, at the discretion of the Collector, be paid to the informer, if any. Such inquiry may at any time be instituted by the Collector of his own motion without any com- plaint being preferred to him.
CHAPTER VI
OP TUB Q-ftANT, USE AtfD RliLINaUISHMEfff OF UNALIJCNATED L.A.5O) [a]
60. Any person desirous of taking up
Written permission of unoccupied land which has not been alienat- Mamlatdar or Mahalkari d t previously to entering upon occu- required previous to . 1 j *u *. c
taking up unoccupied P atlon obtuned the permission in writing of land. the M-imlatdar or Mahalkari.
Of the occupation of alienated land and the rights of occupants.
Note. Sections 60 to 67 (both inclusive) do not ap ply to any estate in the districts of Ahuedabid, Kaira, Broich or Panch Mihals to which the Gujarat Talukdard' Act, 1888, extends (ISee Bom. Act VI of 1888, sa. 1 and 33).
Xha sale Of unocsupiei lands held by Mimlatdars under a. 62 and permission to occupy such Had* given under this aection are within the scope of B. 211 as proceedings which the Commissioner has justification to call for and revise and to pasa such orders therein as he deema fit and no suit would He against Government on account of that officer exercising his legal powers u nder that section (Parapa u. The Secretary of State, P J. 1891, p.
[a] This heading was substituted by Bom. Act IV of 19H, 8. 19 for the original heading which was aa follows :
SEC 69-611 OF THE GB^NT, USE, & RELINQUISHMENT OF ONALIBNATED LAND 45
[a] 61. Any person who shall unauthorizedly enter upon occupation of any land set apart for any
wtES? 8 occupation *P ecial PP<>**> or an / unoccupied land which of land. k ft8 not been alienated, and any person who
uses or occupies any such land to the use or qpcupation of which by reason of any of the provisions of this Act he is not entitled or has ceased to be entitled shall, [a]
if the land which he unauthorizedly occupies forms part of an assessed survey number, pay the assessment of the entire number for the whole period of his [b] unauthorized occupation, and
if the land so occupied by him has not been assessed, such amount of assessment as would be leviable for the said period in the same villaga on the same extent of similar land [c] used for [c] the same purpose ;
and shall also be liable, at the discretion of the Collector, to a fine not exceeding five rupees, or a sum equal to ten times the amount of assessment payable by him for one year, if such sum be in excess of five rupees, if he have taken up the land for purposes of cultivation, and not exceeding such limit as may be fixed in rules made in this behalf under section 214, if he have [d] used it for [d] any non-agricultural purpose.
The .Collector's decision as to the amount of assessment pay* able for the land unauthorizedly occupied shall be conclusive, and in determining its amount occupation for [0] a portion [e] of a year shall be counted as for a whole year.
The person unauthorizedly occupying any such land may be summarily evicted by the Collector, and any crop [ /] raised on the land shall be liable to forfeiture, and any building or other con- struction [/] erected thereon shall also, if not removed by him after such written notice as the Collector may deem reasonable, be liable to ferfeiture, [g] or to summary removal, [^j
Forfeitures under this section shall be adjudged by the Col- lector, and any property so forfeited shall be disposed of as the Col- lector may direct [g] and the cost of the removal of any encroach- ment under this section shall be recoverable as an arrear of land revenue, [g]
[a a] This paragraph was substituted for the original paragraph by Bom* Act III of 1921, 8.2 (n).
[b] The word "unauthorized" was inserted by Bom. Act III of 1921, s. 2 (b).
[c c] These words were substituted by Bom. Act IV of 1913, s. 20, for the original words "appropriated to".
[dd\ These words were substituted by Bom. Act IV of 1913, s. 20, for the original words "appropriated to".
[e e] These words were substituted for the original words by Bom. Act XVI of 1895, Second Schedule.
[ff] Words repealed by Bom. Act IV of 1901, s. 7, are omitted.
(99} These words were added by Bom, Act II of 1919, First Schedule.
THE BOMBAY LAND BBVJBNUE Coins, 1879 [ OHA*. VI
. Tills section corresponds to sections 33 and 39 of Bombay Act I of 1865. It has been constructed so as to make penal the previsions and remedies common to the two cases of occupation witlnut permission and occupation of lands set apart for a special purpose. This section provides distinctly for (1) the levy of assessment, (2) fine of five rapeea or ten times the assessment, (3) eviction, and (4) forfeiture of crop The introduction of the panalty of fine up to a fixed amount as an alternative from fine by a multiplied assessment is made to meet cases in which the extent of the unauthorized occupation is trifling, but fche occupation itself mischievous, as for instance, when a landholder ploughs up and incorporates in his field the strip of land dividing him from his neighbours (Report of the Select Committee).
Object Of amending para (I), The object of amending paragraph I is to make it clear that this section applies to a case where a person having been lawfully in occupation of land authorized!? continues to hold over.
Application Of this Section. This section applies only to roads which are the property of Government in unalienated villages or unalienated portions of villages and not to roads of alienated villages unless the right of Government, to the ownership of such roads has been reserved (G R. No. 3130, dated 12-11-1920).
Effect Of this Section. This section has no rastrospective effect, *. e , its provisions cannot be enforced in respect of anything dono before the Oode be- came law on the 17th July 1879 (G. R. No. 6202, dated 1st September 1890).
Application of this section to cases of unauthorized occu- pation which commenced subsequent to this Act. The use of
the word "shall" in the first clause of this section does not restrict the application of this section to cases of unauthorized occupation which began subsequent to this Act coming into force. Although the assessment may not be leviable for a period anterior to the date of the enactment, an occupation is a continuous act (Pranlal p. Secretary of State, P. J. 1897, p. 366).
This section applies only to unauthorized occupation of any land (a) set apart for any special purpose, and (&) any unoccupied hnd which has not been alienated (G. E. No. 3837, dated 3rd June 1890).
Encroachment on Inam Guroharan land. This section is not ap- plicable to alienated villages or lands. The inamdar's proper remedy in such a case as that of encroachment on giroharan in a surveyed alienated village is a suit in the Civil Court (G. R. No. 5205, dated 25th July 1885).
This section applies only to lands the property of Govern- ment in alienated Villages. The plaintiffs, who were the inamdars of certain land, sued for a declaration of their ownership in and of their right to cultivate two plots of land which (they alleged) formed part of their inam. It was contended for the defendants as to these two plots of land that the plaintiffs had no right to cultivate them, as they had been nude a part of a village site, and on that understanding they had not been numbered at the survey in 1863, and had been exempted from assessment for twenty years. It was held by the lower Appellate Court that this section applied. Held, that this section did not apply. This section relates back to s. 38 and both refer only to lands the property of Government in unalienated villages or unalienated portions of villages. They do not empower the Government to confiscate any land belonging to an inamdar and to consider it on the persona living in his villages (Vinayakrao r. Secretary of State, 23 Bom. 39).
Siio. 61-63] OF TBS (JJ-BANT, USE & RILIKQXJISBMENT OF UNAUENATKD LAN!) 4?
Encroachment on public road. Under s, 37 ante all public roads being the property of Government, it must be taken that the public road encroach- ed upon by the accused is in the possession of tha Local Government officers on behalf of the Government. Hence a person who encroaches on such a road is guilty of criminal trespass, if the encroachment is made with such intent as id con- templated in s. 441 of the Penal Code (Fakirgavda, Or. Eg. 49 of 1888).
Quarrying" Without permission. The fine levied under this section for unauthorized occupation of land by quarrying it need not, on the one hand, bo confined to the bare area of the pits nor, on the other, can it be extended to the entire area of the survey number. Occupation in the sense of the amount of area which has deteriorated for purposes of cultivation or for quarrying is the area contemplated by the Code as being occupied (Sulleman v, Secretary of State, 30 Born. L,. R. 431).
[a] 62.* It shall be lawful for the Collector subject to such rules as may from time to time be made by the G0 vernor in Council in this behalf, to tions. require the payment of a price ror unahenat-
ed land or to sell the same by auction, and to
annex such conditions to the grant as he may deem fit, before per- mission to occupy is given under section 60. The price (if any) paid for such land shall include the price of the Government right to all trees not specifically reserved under the provisions of section 40, and shall be recoverable as an arrear of land revenue.
Note. Even the Collector cannot in the first instance require the grantee to pay a certain amount of occupancy price against the will of thj grantee and with- out giving him the option to vacate the hnd and much less can the Commissioner pass such an order when the land had been granted to the plaintiff free from the occupancy price and assessment (Anant Krishniji P. Secretary of State, 55 Bom. 165).
Co-Operative Societies. Land may be granted free of ooeupanoy price to co-operative societies when a public purpose is to bo fulfilled (G. R. No. 2249-24, dated 21st April 192 5, quoted in Joglekar's Supplement No. 2, p. 13).
[a] 63.* When it appears to the Collector that any alluvial
land, which vests under any law for the time
Grant of alluvial land being in force in Government, may with due
vesting in Government, regard to the interests of the public revenue
be disposed of, he shall offer the same to the
occupant (if any) o the bank or shore on which such alluvial land
has formed.
The price of the land so offered shall not exceed three times the annual assessment thereof.
[*] As to the local repeal of sections 62 and 63, see paragraph 3 of notes on p. 1, supra.
[a a] Sections 62 and 63 were substituted by Bom, Act IV of 1913, 89. 21 and 22 respectively, for the original sections.
7
48 UHE SOMBAY LAND itavENtrB CODE, 18? 9 [ CHAP. Vl
I the said occupant shall refuse the offer, the Collector may dispose of the land without any restrictions as to the price to be asked.
For the purposes of this section, notwithstanding anything contained in tection 3, if the bank or shore has been mortgaged with possession, the mortgagor shall be deemed to be the occupant thereof.
Notes. This section provides for the disposal of the occupancy of such allu- vial or water-forsaken lands as under the provisions of the Code (s. 37) vests in Government. The object of this section is to secure to the neighbouring land- holder, in consideration of the river frontage he would otherwise lose, right to purchase the occupancy of the new land at a price not exceeding three times its annual assessment (Report of the Select Committee).
A suit by the plaintiffs for a declaration that the order by the Collector disposing of the occupancy to the eeoond defendant was null and void and for possession of the land, on the ground that the plaintiffs being the owners of the adjacent land and the grant being of alluvial land the grant should have been made to the plaintiff* under this section is governed by Art. 120 of the Limitation Act and not art. 144. Because assuming the land to bo alluvial, the plaintiffs cannot get an order for recovery of possession. All that they can get is a declaration that the case fell within this section and an injunction to restrain the Collector from dealing with the land in derogation of the plaintiff's rights (Damodar Narayctnv. Secretary of State, 55 Bom. 447).
64.* When alluvial land forim on any bank r shore, Tern orar ri ht ^ occu P ant > if an 7? of such bank Or
alluvSuands "f small fihore sha11 be enti t led to the temporary use extent. [0] thereof, unless or until the area of the
same exceeds [b] one [4] acre. When the area of the alluvial land exceeds the said extent, it shall be at the disposal of the Collector, subject to the provisions of the last pre- ceeding section.
[*]
Non-riparian owner Right to water. The plaintiff who owned
non-riparian lands, used from times immemorial to irrigate his lands by river- water which he took through the paddy fields belonging to defendants. The water did not flow in a definite channel but spread over the whole of the defend- ant's lands till it overflowed into the plantiff's lands. Ihe defendants having obstructed the passage of water through their lands, the plaintiff sued to establish bia right to the enjoyment of the river water. Held, that the plaintiff having acquired the right and enjoyed it from time immemorial was not prevented from enforcing it by any provision of the Easements Act by virtue of s. 2 (c) of the Act (Janardhan v. Raoji, 20 Bom. L. E. 398. s. c. 42 Bom. 288).
* As to the local repeal of s. 64 see para. 3 of notes on page 1 supra t
[a a 1 Words and paragraph repealed by Bom. Act IV of 1913, s. 23, are omitted.
[flftj This word was substituted by Bom. Act IV of 1913, . 23, lor the original words "half an."
[9] The second paragraph was repealed by Ibid.
SEO 64-65] OFTsaftaiNr, UaE & RELtNau^sMBNT OF UNALIEHITED LIND 49 A suit to recover possession of lands forming a river bed
leased by the Collector is barred, if brought after a year of the date of the order of the Collector under s. 37 ante by which the Collector refused to en- tertain the plaint. Prior to the Boai. Act Xft of 1912 the starting point of limitation is the date of the order (Chhotu^hai v. Secretary of State, 22 Bom L. B. 146).
65. An occupant of land [a] assessed or held for the purpose of agriculture [a] is entitled by himself, his pa^ft^tr ^: servants, >t en a nt 8/ agents or other legal re- poses of agriculture presentatives, to erect farm buildings, con- may put his land. struct wells or tanks, or make any other im- provements thereon for the better cultivation of the land, or its more onvenient [/>] use for the purpose afore- said, [ft]
But, if any occupant [c] wishes to use
Procedure if occupant h j 8 holding or any part thereof fo Qther
wishes to apply hia land r ^ . ~ 7 .\ , . . J 1f
to any other purple. purpose [c] the Collector's permission shall
in the first place be applied for by the [</]
occupant.
[e] The Collector, on receipt of such application,
(a) shall send to the applicant a written acknowledgment of its receipt, and
(b) may, after due enquiry, cither grant or refuse the per- mission applied for :
Provided that, where the Collector fails to inform the appli- cant of his decision on the application within a period of three months, the permission applied for shall ba deemed to have been granted ; such period shall, if the Collector sends a written acknowledgment within seven days from the date of receipt of the application, be reckoned from the date of the acknowledgment, but in any other case it shall be reckoned from the date of receipt of the application, [e]
Unless the Collector shall in particular instances otherwise direct, no such application shall be recognized except it be made by the [d] occupant.
[a-a] These words were substituted by Bom. Act IV of 1913. s. 24 (a), for the original words "appropriated for the purposes of agriculture."
[-] These words were substituted by Bom. ^ct IV of 1913, 9. 24 (a), for the original words "occupation for the purposes aforesaid."
[c-c] These words were substituted by Bom. Act IV of 1913, 9. 24 (a), for the original words "wishes to appropriate his holding or any part thereof to any other purpose."
[d] The word "registered" was repealed by Bom. Act IV of 1913, s. 24 (b).
le-ej This was sub3tituted by Bom, Act I of 1910, Schedule I, Part H Serial No f 4 for the original para.
50 THE BOMBAY LAND REVENUE CODE, 1879 [ OHAP. VI
When any such land is thus [a] permitted to be used for any
_. ,,.,, purpose unconnected with agriculture [a], it
suc^ein^En^o " be lawful for the Collector, subject to
special assessment. the general orders of Government, to require
the payment of a fine in addition to any new
assessment which may be leviable under the provisions of
section 48.
Oooupant. The term "occupant" is subject to modification when applied ;o any estate in the districts of Ahmedabad, Kaira, Broach or Panch Mahals to which the Gujarat Talukdars Act, 1888, exteuds (Vide Bom. Act VI of 1888, 38. 1 and 33\
Collector's permission must be express. This section confers
unregistered occupants who have applied to the Collector for permission to ap- propriate land for certain purposes, the privilege of acting as if the application tiad been granted within three months after acknowledgment of its receipt, if no inswer to that application has been received by the applicant.
This section does not require the Collector to grant the application within any stated period, but only limits his power to refuse in case he has given no answer within three months, he shall ba deemed to have granted the appli- cation (G. R. No. 5893, dated 20th July 1892).
Petitions under this section should be received and dis- posed Of by Collectors only, and this duty should not be delegated to Assistant or Dapuby Ojlbctora or Mamlatdara (G. R. No. 5893, dated 20th July 18 92).
" Farm building S." Buildings erected for the storage of agricultural implements or for sheltering cattle used in the cultivation of the land as well as bouses occupied by occupants who themselves cultivate the survey number on which ,hey stand, or by tenants who do the same or by servants of such occupants or ;enants who are actually employed in the cultivation of the same land are held to >efarm buildings (B. G. G. 1911, Pt. VII, p. 195X
Long possession and user without assessment in 1907 the
District Collector ordered the Mamlatdar to cause the building and the wood to )o removed forthwith from a graveyard of which plaintiffs had been in possession for 50 years without assessment and the order was confirmed on appeal by the Commissioner in April 1909. On the 22nd February 1910 the plaintiffs sued the Secretary of State for a declaration that they were the owners of the land, for a jancellation of the order and for a permanent injunction. Held, that as the land n dispute was not ussd for the purpose of agriculture, neither this section nor i. 66 infra applied to the case and that in view of the long and undisturbed posses* jion of the plaintiffs, the order of eviction was ultra vires (Rasulkhan v. Secretary >f State, 39 Bom. 494).
Application to the Collector for permission to use land for any other purpose other than agriculture is required to be made by the occupant. The Col- lector's permission cannot be "presumed" in any such case on the strength of in arrangement made by the applicant with that officer in a similar case in respect )f another land (G. B. No. 2310, dated 19-4-1928).
[a-fl] These words were substituted by Bom Act IV of 1913, s. 24 (a; for he original words "appropriated to any purpose unconnected with agriculture,"
SEC. 66-66] Op THE GIUHI, Us & RBLINQUISHMEKT OP UNALIBKATED LAND 51 Payment of fine anl assessment. It does not follow, from this
section, that the payment of fine and assessment is a preliminary condition with- out which no agricultural land can ba appropriated for the building purposes. It is clear that thU Code contemplates appropriation both with and without permis- sion, the fines in tho one case being lirger than in the other (Bhujabalappa v. Col- lector of Dharwar, 1 Bom. L. B. 454).
Procedure Under this sejtio n the Collector, on receiving an application, must first send a written acknawlodgonnt of its receipt, and, secondly, may, after due inquiry, either grant or refuse the permission applied for, provided that where the Collector fails to inform tha applicant of his decision on tho application within a perioi of threo months the pormlsnon appliel for shall be deemed to have been granted; such period shall, if tha Collector sends a written acknowledment within seven days from the date of the receipt of the application, be recknoncd from tho date of the adunwledgment, but in any :>thjf oisc it shall bj reckoned fr^m the date of receipt of tho application (Shivp thing o. Secretary of State, 26 Bom. L. R. 371).
66. If any such land be so [a] used without the permission of the Collector beiug first obtained, or before
Penalty for so miiig fcfa of rn the p3riod pres cribed by
land without permis- r />/ m L *. i *.
9 ^ on * section 65 [6], the occipant ana any tenant, or
othor person holding under or through him, shall be liable to be summarily evicted by the Collector from the land so [a} used and from the entire field or survey number of which it may f >rm a pirt, and the [c] occupant shall also be liable to pay, in addition to the new assessment which may be leviable under the provisions of section 48 for the period during which the said Und has been so [a] used, such fine as the Collector may, subject to the general orders of Government, direct.
Any [ti] tenant of any occupant or any other person holding under or through an occupant, who shall with- Tenant responsible to out the [c] occupant's consent 0] use any occupant in damages. such land for [e] any such purpose, and thereby render the said (V] occupant liable to the penalties aforesaid, shall be responsible to the said [c] oc- cupant in damages.
Note. This section supplies an instance of resumption on account of appro- priating agricultural land to other purposes without the permission of the Col- lector.
[a\ This wjrd was substituted by B >m. Ait IV of 1913, a. 25 (a) for the original word "appropriated."
[i b] These words ware substituted by Boin. Act I of 1910, Schedule I Part II, Serial No. 6, for the original words.
[e] The word "registered" was, repealed by Bom. Act IV of 1913, s. 25(J;.
[d\ The words "co-occupant or any' 1 wero repealed by Bom. Act IV of 1913, s. 23 (b),
[e] These words wore substituted by Bom. Act IV of 1913, a. 25 (a) for tho original words "appropriate any such land to,"
W THE BOMBAY LAND REVENUE OOD, 1879 [ OHAP. VI
Occupant. Vide note with regard to the term "occupant" under the preceding section.
Building of residential house on portion of land. Where
a portion of land held for purples oi agriculture is used, without the permission of the Collector, for any purple other than that of agriculture, e. g., for build- ing a residential house on" it, the fine leviable for such user, under this section is to be calculated with reference to too actual area built upon and not to the area of the entire holding. Section 148 post has no application to such a case (Secretary of State v. Abdul Husen, 29 Bom. L. H. 1350).
Period runs from the date of acknowledgment. -in order
that a person can appropriate a land to a non-agricultural purpose without incur- ring the ponalty of the fine provided by this section, it is necessary that he must wait for three mouths from the date of thj acknowledgment of the application re- quired to bo given by the Collector by g. 65. It is no defence to ptead that the Collector, though he received the application, omitted to send an acknowledgment (Naivak Purushutam v Secretary oj State, 1 Bom. L. R. 669).
Maximum fine levied under this section. Any fine imposed by
the Collector under this section shall be fixed by him at his discretion, but (sub- ject to rule 101) shall not exceed the following rates, namely :
(1) In a village placed for the purpose of altered aesessment under rule 81 in- Class I ... Us. 1,250 ") per acre of the land actually used
tl ... Jf 750 I for any purpose unconnected
III ... 500 f with agriculture aid at the
IV ... 250 | same rate in proportion for
V ... 100 } any fraction of an acre.
(2) In villages falling under rule 82 the same rates shall be charged as for class 1 (Vide rule 100).
But now that fine is only levied as a penalty for not getting permission and thereby evading the Collector's control over industrial and building uses the severity of the fine should apparently depend on the degree of harm done and the bad example set and not upon the fiscal considerations adduced in Re3olulion 5206 of 1897 (Anderson's L. R. Rules, 1921, 1st ed. of 1930, p. 94).
[a] 67. Nothing in the last two preceding sections shall
prevent the granting of the permission afore-
Peimission may be ga id [] on suc k terms [c] or conditions [c]
granted on terms. as may be [<| prescribed by the Collector,
subject to any rules made in th is behalf by
the Governor in Council, [d]
[a] As to the local repeal of fection 67, see para. 3 of notes on p. 1 supra.
[b] The words "in special cases" were repealed by Bom. Act IV of 1913, 8,26.
[cc] These words were inserted in section 67 by Bom, Act VI of 1931
8.8(1).
[dd] These words were substituted by Bom. Act IV of 1913, 8, 26, for the original worda "agreed on bet ween Government and the registered nccapaqt."
fines 67-68J OF THE GBANT, UBE & HELiNaui8HMBNT op UNALIEHATED LAND 53
68. An occupant is entitled to the use and occupation of his land for the period, if any, to which his [aj Occupant's rights are tenure is limited, or if the period is un- conditional, limited, or a survey settlement has been ex- tended to the land, in perpetuity conditionally on the payment of the amounts due on account of the land revenue for the same, according to the provisions of this Act, or of any rules made under this Act, or of any other law, for the time being in force, and on the fulfilment of any other terms [b] or con ditions [6] lawfully annexed to his [a] tenure.
[c] Provided that nothing in this or any other section shall
make it, or shall be deemed ever to have made
Proviso. it, unlawful for the Collector at any time to
grant permission to any person to occupy
any unalienateJ unoccupied land, for such period and on such con- ditions as he may, subject to [d] rules made by the Governor in Council in this behalf [df], prescribe, and in any such case the occupancy shall, whether a survey settlement has been extended to the land or not, be held only for the period and subject to the conditions so prescribed.
Notes The proviso enables the Collector to allow lands to be taken up on short leases and special terms which may include a restriction of transferability, whether by private contract or by attachment and sale under the orders of a Oivil Court, notwithstanding that a survey settlement may have been xtended to those lands, while s. 73A provides for the lands into which a Survey Settlement has not been introduced (Statement of Objects and Reasons of Bill No. IV of 1901).
Tnis section does not apply to any village io the district of Ritnagiri or the district of KoUba to wh'uh tho *ioti 3>ttlau3at 4ct, 1880, extends (B)m. Act I of 1880, ss. 1 and 39).
Occupant. Vide note under the heading ''occupant" under s. 05 supra.
Oooupanoy, grant of, subject to prohibition of alienation.
Where a grant of occupancy was mide to the plaintiff subject to restrictions prohibiting alienation and a few years afterwards, he made an application for transfer of the ocoapincy to the 2nd defendant, held, that the application amount- ed at most to an attempt to transfer which WAS never carried into effect, that there was no alienation and no breach of the conditions of the grant, that tho order of tho District Deputy Collector for summarily evicting the plaintiff was a nullity and that the Officer cannot be said to have acted in his official capacity (Dhanji Jairam r. Secretary of State for India, 45 Bom. 920).
[a] This word was substituted for the original word "occupancy" by Bom. Act IV of 1913, 9.27.
[b b\ These words were inserted in section 68 by Bom. Act VI of 1901, .8(1).
[c] This proviso to section G8 was added by Bom. Act VI of 1901, s. 8 (2).
[d-_dj These words were substituted by Bom, Act IV of 1913, s. 27, for the original words "the orders of Government*"
THE BOMBAY LAND BE^EKUJB CODE, 1879 I CBA* VI
69. The right of Government to mines and mineral products in all unalienated land and mineral products. ls and is hereby declared to be expressly reserved:
Provided that nothing in this section shall be deemed to affect any subsisting rights of any occupant [a] of Proviso. suc h ] an( j j n respect of such mines or
mineral products.
Occupant. Vide note under the heading "occupant" under s. 65 supra.
Object of this section. The object of this section is to reserve the rights of Government to all mines, mineral products and buried treasures with full liberty to work, and search for the same, paying to the occupant only com- pensation for surface damage as estimated by the Collector (Report of the Select Committee).
Mines and mineral products. In construing the words "mines" and "mineral products" regard must be had to the fact that they occur in a statute as things reserved. Similarly regard must be fcj the purpose for which the occu- pancy is granted. The word 'mino' ia derived from a Latin word of the lower ages, minare, signifying ducere, to load. It is a subterranean cavity or passage, especially a pit or excavation in the earth, from which metallic ores or other mineral substances are taken by digging. It is distinguished from the pits from which stones only are taken, and which are callei quarries. The tertn minerals includes everything except the vegetable surface, or everything except tho mere surface, which is used for agricultural purposes.
Sanctioned rates per 100 oubio feet (not applicable to G. I. P., B. B. and 0. 1 , or N. W. E. -R. 844-87)
(All as measured on delivery, unless otherwise stated.)
Us. As. Ts.
(i) Building stone by cubic measure in the actual
building ... ... ... 1
(ii) Surplus stone removed from quarry but not con- sumed (125 0. ft. reckoned as 100.) ... 1 (iii) Bullast, or concrete ... ... ... 8
(iv) Special stone used for pitching ; measured as
arranged by the Collector ... ... 4
(v) Kankar from cultivated land ... ... 8
(vi) Sand ... ... ... ... 2
(vii) Surface boulder stones ... ... 2
(viii) Kankar in unassessed waste ... ... 4
(ix) Muram or white earth ... ... 2
(G. B. B, D. No. 196-B, dated 14th February 1931, cited in Modak's Bombay Land System and Village Administration.)
' [a] Words repealed Ly Bern. Akt IV of 1903, 8. 28 (a) are omitted.
SEC. 69-72] OF THE OBINT, UBE & RELINQUISHKENT op UNALIEKATED LAND 65
70 [a] In any case where [b] an occupancy [b] is not trans-
ferable without the previous sanction of the
Occupancy when not Collector, and such sanction has not been
effect to Collector's Oer made or [rfj ordered by a Uml Court [a] or tificate. on which the Court's decree or order is
founded,
(a) such occupancy [e] shall not be liable to the process of any Court, and such transfer shall be null and void, and
(b) the Court, on receipt of a certificate under the hand and seal of the Collector, to the effect that any such occupancy [e] is not transferable without his previous sanction and that such sanc- tion has not been granted, shall remove any attachment or other process placed on, or set aside any sale of, or affecting, such occu- pancy. [e]
Occupancy. The term occupancy is subject to modification when applied to any estate in the districts of Ahmedabad, Kaira, Broach or Panch Mahals to which the Gujarat Talukdars' Act, 1888, extends (Vide Bom. Act VI of 1888, as. 1 and 83).
71. Repealed by Bom. Ad IV of 1913, s. 29.
72. If an occupant who is either a Hindu, a Mahomedan or
a Buddhist dies intestate and without known Intestate occupancy or heirs, the Collector shall dispose of his occu- holding to be sold. pftncy by Sftle> su bject to the provisions of
this Act, or of any other law at the time in force for the sale of forfeited occupancies in realization of the land revenue, and the law at the time in force concerning property left by Hindus, Mahomedans or Buddhists dying intestate and without known heirs, shall not be deemed to apply to the said occupancy but only to the proceeds of such sale after deducting all arrears of land revenue due by the deceased to Government and all expenses of the said sale.
Note. This section does not apply to any village in the districts of Ratna- giri and Kolaba to which the Khoti Set tit moot Act, 1880, extends (Bom. Act I of 1880, as. 1 and 39).
Occupant. ir ide note under the heading "occupant' r under s. 65 supra.
Non-applioability of this section to alienated holdings.
The word 'occupant' cannot be held to include a holder of alienated land, and the Collector should not, therefore, attempt to take action under this section in the case of alienated holdings (G. B. No 3812, dated 13th May 1885).
[a] Words repealed by Bom. Act IV of 1913, g. 28 (a) are omitted.
[b-b\ These words were substituted for the original words "the occupancy or interest of the occupant in the land" by Bom. Act IV of 1 913, 8. 28 (b).
[c-c] These words were substituted for the original words "the transfer" by Bom. Act IV of 1913, s. 28 (b).
[d d] These words were substituted for the original words "ordered by the Court" by Bom. Act IV of 1913, s. 28 (b).
[] Words repealed by Bom. Act IV of 1913, s, 28 (c) ; are omitted.
3
56 TEE JSowBAY LAND HEVFNUB CODE, 1879 [ OHAP. VI
Entry of name in Collector's books Proof of title.
The Collector's book is kept for purposes of revenue, not for purposes of title, and the fact of a person's namo being entered in the Collector's book as occupant of land does not necessarily of itself establish that person's title, or defeat the title of any other person (Fat ma t>. Darayasaheb, 10 Bom. 187). See also Collector of Poona v. Bhavanrao, 10 Bom. 192 ; Sanyapa v. Bhimanyotvda, 10 Bom. 194 and Bhagoji v. Bapuji, 13 Bom. 75.
[a] 73. [6] An occupancy [&] shall, subject to the provi-
sions contained in section 56, and to any
tran3TandXr conditions lawfully annexed to the [c] tenure,
able. anc * save as otherwise prescribed by law, be
deemed an heritable and transferable pro-
perty.
Note. Vid* the first note under the preceding section.
Occupancy. The term "occupancy" is subject to modification when applied to any estate in the districts of Ahmedabad, Knira, Broach or Panch Mahals to which the Gujarat Talukdars' Act, 1888, extends (Fide Bom. Act VI of 1888, as. 1 and 33).
[d] 73-A ( 1) Notwithstanding anything in the foregoing sec- tion, in any tract or village to which Gov- . eminent may, by notification published be-
fore the introduction therein of an original survey settlement under section 103, declare the provisions of this section applicable, [e] ( ccuf arcies fhall not after the date of such Notification be transferable without the pre- vious sanction of the Collector.
( 2) Government may, by Notification in the Bombay Govern- ment Gazette, from time to time exempt any part of such tract or village or any person or class of persons frcm the operation of this section.
Occupancies* Vide note under the heading "occupancy" under the pre- ceding section.
Amendment Aot VI Of 1901. The Amending Act VI of 1901 by adding this section makes it competent to Government to publish a declaration that the occupancy or interest of the occupant shall nob, after the declaration, be transferable without the previous sanction of the Collector. But this can only be in a tract or village in which the original survey s:ttlement might be intro- duced after the passing of Bom. Act VI of 1901 and by a notification published be- fore the introduction of the original survey settlement. The Amending Act of
[a\ This section was substituted for the original section 73 by J$om. Act VI of 1901,8. 10.
[6-w-JJ These words were substituted for the original words "the right of occupancy" by Bom. Act IV of 1913, s. 30.
[cj This word was substituted for the original word "occupancy" by Bom- Act IV of 1913, s. 30.
[d] Section 73 A was inserted by Bom Act VI of 1C01, s. II.
[0] This word was substituted for the original words "the occupancy or i&tereet of the occupant in the land" by Botn. Act IV of 1913, s. 31.
SEOS. 73-73AjOF THE GILAHT, USB & BELINCITJISHMENT OF UNAMENATEB IANB 57
1901 does not effect the right of transfer existing ia occupants before the Act came into force.
Scope. The prohibition contained in this section is not confined to a n absolute and out and oat transfer of an occupancy, but that it includes the trans- fer of an interest in the occupancy without the sanction of the Collector. A mortgage, therefore, of a share in land, held on restricted tenure, without the sanction of the Collector, is void and conveys no right to the mortgagee (Dharam- das Thawerdas v. Sorabji, A. I. R. 1930, Bind 75).
Note. Collectors should generally permit members of agricultural Co- operative Societies holding lands on restricted tenure to alienate them to those societies. When such land passes into the possession of a society by default of its debtor member, it should ba sold by auction on restricted tenure only with the. sanction of the Collector, and that such lands should pass into the possession of a person who can hold land on restricted tenure in the district (G. R. No. A-501 9 dated 23-1 1-1 921, quoted in Joglekar's Supplement No. 2 to his Land Revenue Code, p. 18).
Effect of granting sanction under this section. The effect of
the sanction of Collector under this section is only to authoriz3 a particular trans- fer of the land and not to remove the character of restricted tenure impressed upon the land so as to render it transferable at will (Ismiil Khan Afir Azam Khan t>. Official Receiver, A. I. R. 1928, Sind 63).
Occupant's powers Of transfer. According to the terms of this section as it stood before tho amendment of 1013 thi occupant is not prohibited from transferring tho tro 3 aparl fro.n tho land with)nt the pr-vious sanction of the Collector. But a transfer of the houses with the land thereunder (and stones and earth) includes tho whole interest of the occupant in tho land upon which the ho isea stand, and sujk a transfer without sanction is prohibited by this section (Bapu Vithnl Rajput v. Secretary ofState r 56 Born. 278, s.c. 34 Bom. L. R. 780).
Notification declaring this section applicable to oertain villages,
Clause (1) of this section has been declared applicable to the following villages in the District of West Khandesh.
(a) 79 villages in Nandurbar Taluka, and
66 villages in Navapur Feta of Khandeah diitrict (Notification No. 1116A).
(5)17 villages in Shirpur in do. do. (Notification No. Ill 6B. (c)42 villages in Taloda in do. do. (Notification No. 11160). (d) 11 villages in Shahada in do. do. (Notification No. 1116D)
(B. G. G. 1902, Pt I, p. 298.)
All Brahmins and Banias (Wanis) holding lands in the villages of the Bhirpur Taluka of the West Khandesh District (to which the provisions of this section > sub-section 1, were declared to be applicable by Government Notification^ B. D No* 1116B, dated 18th February 1002 (B. G G. 1902, Pt. I, p. 290) are exempted from the operation of this section (B. G. G, 1908, Pt. I, p 1897).
Marwadis, Kshatrias, Parbhus, Kayasthas, Bohris and Parsia are exempted from the operation of el. (1) of this section in the 17 villages of the Shir pur fcnlnka mentioned in G. N. No. 1116B quoted above (G, B. B. D. No. 3875, dated 22nd April 1909).
W THE BOMBAY LAND EEVEHUB CODE, 1870 f OHAP. VI
[a] 74. The occupant may relinquish his land, that is, resign
it in favour of Government, but subject to
Relinquishment. any r {^B, tenures, incumbrances or equities
lawfully subsisting in favour of any person
(other than Government or the occupant), by giving notice in
writing to the Mamlatdar or Mahalkari before the 31st March
in any year or before such other date as may from time to time be
prescribed in this behalf by the Governor in Council, and such
relinquishment shall have effect from the close of the current year:
Provided that no portion of land which is less in extent than a whole survey number or sub-division of a survey number may be relinquished, [a]
Occupant. Vide Dote under the heading 'occupant" under a. 65 supra.
Notices exempted from registration. Notices, given under this
flection or section 76 of this Code, of relinquishment of occupancy by occupants or of alienated land by holders of such land, are exempted from registration (Vide 8. 90 (1) (*) of the Indian Registration Aot (XVI of 1908).
Tenant remaining in occupation after passing rajinama,
The first and second defendants were sub-tenants of the third defendant, who had certain land which wa9 part of the inatn village of D. In 1883 the third de- fendant executed a Hajinama in the folio wing term?, which he gave to the receiver who had been appointed by the Court to manage the village :~-"Up to the present time my father and I have been cultivating the land, but the land belongs to the Inamdar. I have no title over it, and the Inawlar can give it for cultivation to any one he pleases.' ' Shortly after the date of this Rajinama the Inamdar gave the land to the plaintiff, who now sued to obtain it from the d efendants who had remained in possession. Held, that the plaintiff was entitled to the land. The Rajinama operated as a relinquishment of the tenancy by defendant No. 3 under this section. Held, also, that the plaintiff was entitled to sue in ejectment, although he had not been put in possession of the land (Rhutia a. Ambo, 13 Bom. 291).
Ba]inama. Among alienated villages, this section applied only to those brought tinder a Survey Settlement. The Rajinama can be pro sented only to the Mamlatdar, unless the inamdar has a commission under a. 88 (0) (G. Ks. Nog. 8439, 5730 and 7045 of 1881 and 959 of 1882). Rajinam as may also be executed before a Forest Settlement Officer (G. R. No. 1708 of 1886) and then transmitted to the Mamlatdar and before Aval Karknns when the Mtmlat dar is absent (G. R. Nos. 1743 of 1889 and 7428 of 1905).
Rajinama and Kabulyat Rajinama ia the notice of relinquishment given by the registered occupant. It is to ba given to the Mamlatdar and Mahal, kari and when the Mamlatdar is absent from his head-quart ers, it should be given to the Aval karkun. The person in whose favour a holding is relinquished should signify his acceptance by a written agreement with the revenue officers The written acceptance is called 'Kabulayat.'
[a -a] Tois section was substituted by Bom. Act IV of 1913, e. 32, for th e original section.
SKO. 74] OF THE GBINT, USE & RELIBWTKHICEHT op UNAMBHITKD IAND 50 Execution of rajinama and Kabuliyat. No legal presumption
arises from the passing of a rajinarna and kabalyat that a transfer of ownership is intended to be effected and that, accordingly, it operates, just as if it was a sale. It does not necessarily by itself amount to a transfer of the property (Rachappa Chanbasappa v. Ningappa, 49 Bom. 847).
Rajinamas and kabuliyats Registration if necessary.
A mortgagor agreed to abandon his equity of redemption and also executed a rajinama in favour of the Mamlatdar under this section and the mort- gngee executed a kabiliyat Held t(ut the rajinama combined with the kabuliyat did not transfer the title of the mortgagor to the mortgageo as a transfer of the equity of a redemption must be registered under s . 54 of the Transfer of Property Act (Sikharam v. Ramchandra, 18 Bom L. K. 980 (note). But it was heldin the case of Narso v. Nagava (42 Bom. 359) that rajinamaa and kabuliyats, though in themselves documents of transfer, are fairly conclusi ve evidence that a transfer has in fact been made and as between the mortgagor and mortgagee extinguish the equity of redemption without the necessity of registration. An inamdar can receive notices of relinquishments under this section on ly where the survey settle- ment has been introduced or when the powers under a. 85 post have been given to him. These notices are exempt from registration under s. 90 of the Registration A;t (Shidraj Bhojraj Desai r. Dary Saniram ^fali f 45 Bom 898).
A Rajinama by a Khatedar of un alienated lands, subject to
this section, abandoning Ma rights to another, subject to the payment of revenue, need not be registered under s 00 of the Registration Act (Motihhaiv. DesaMai, 41 Bom, 170).
The execution of a rajinama and a kabuliyat does not by itself
amount to a transfer of property. Tao transfer can be rebutted by evidence re- garding the manner in which the parties concerne d dealt with the property. Each case, however, must nejeasarily depjnd apDa its own facts (Chandanmalv. Bhuskar, 22 Bom. L. R. 140).
RelinC[UishmentS. Relinquishments by a Government department may bo accepted even when third parties assert rights over such land The rights should be settled under as, 37 (2) and 79A, cases in which eviction is proposed being reported for tha orders of Government (G. R. B. D. No. 2104 of 1909). See also Andarson'e L. R. Rules, 1st ed. of 1930, p. 73.
Note. The plaintiffs held plots in a talukdari estate free of rent and free also of assessment aud local fund Ib appeared, however, that the talukdars of the estate paid assessment and local fund for the whole estate to Government in the form oljama. The talukdar having relinquished the said plots iu favour of the Government, it was held that the Government could recover the local fuud aud the cess from the plaintiffs (Xathuram v. Secretary of State 32 Bom. L. K. 907.)
Notice-Exemption. The notice, given under this section, of relinquish- ment of occupancy by an occupant does not require Court fee (Government of India's Notification No. 4650 at p. 807-, B. G. G. of 19ih September 1889), nor stamp duty (B. G. G., p. 1384 of 28th July 1909) and is exempt from registration (sec. 90 (e), Act XVI of 1908). It must also be written by a village Accountant without fee.
60 THE BOMBAY LAND RavEHtrB CODE, 1879 [ CHAP. VI
All notices under this section shall be kept in the records of the village accountant until the expiry of one year after the end of the year in which they were given and afterwards in the record? of the Mamlatdar for at least 12 years. Entry will at once be made in the diary of mutations and certified ia duo course. This will ensure sufficient record (Anderson's L. R. Mannual, p. 73).
75. Repealed by Bom. Act IV of 1913, sec/ion 33 (1).
76. The provisions of [a] the last
1 of section 49. Q holders of alienated land : provided that,
(a) it shall not be lawful to relinquish, as aforesaid, any portion of any land held wholly or partially exempt under the circumstances described in the first paragraph of section 49 until the commuted assessment payable in respect of such portion of land has been determined under the provisions of the said section ; and that
(&) if any person relinquish land on which, under the cir- cumstances described in section 51, a larger
Relinqmshment of reyenue U leyied than Ould Ordinar il y be land described in sec- , . t, iiji i n L i j ^
t i 0n 51 . leviable on such land, he shall be deemed to
have relinquished also the land held with it which is wholly or partially exempt from payment of revenue.
Wot P. This section does n^t apply to any estate in the dutri<;ts of Ah:neda- bncl, Kaira, Uroach or 1'anch Mahals to which the Gujarat Talukdura "'Act, 1838, extends (Soe Bom. Act VJ of 1888, ss. 1 and 33).
77. If any person relinquishes land, the way to which lies
through other land which he retains, the
Right of way to re- right of way through the land so retained
linquished land. 8hall continue to the f uture fo\fa of the
land relinquished.
Saving of operation 7g Nothing in [6] section 74 [ft] shall
of section 74 in certain ~ , o L j L J
cases. affect
[c] the validity of the terms or conditions of any lease or other express instrument under which land is, Or may hereafter bo, held from Government.
79. Repealed by Bom. Act IV of 1913, s. 35.
[d] 79A. Any person unauthorizedly
pes Or wrongfully in possession of, any
occupying land. land
[ a a ] These words were substituted for the original words the two last sec- tions" by Bom. Act IV of 1913, s. 33 (2).
\bb\ Ihese words were substituted for the original words "sections 75 and 76" by Bom. Act. IV of 1913, e. 34.
[c] Clause (a) and the letter "5" repealed by Bom. Act IV of 19 13, s, 31, are omitted.
[d j Section 79A was inserted by Bom. Act VI of 1901, s. 12.
SEO, 75-70] OF TBGBANT, UBB & REUKauisBMBNT OF UNALIENATKD LAND 61
[a] (a) to the use or occupation of which by reason of any of the provisions of this Act he is not entitled or has ceased to be entitled or
(b) [b] which is not transferable without previous sanction under section 73A or by virtue of any condition lawfully [c] an- nexed to the tenure [c] under the pro visions of section 62, 67 or 68, may be summarily evicted by the Collector.
Note. This section is subject to modification when applied to any estate in the districts of Ahmedabad, Kaira, Broach or Panch Mahals to which the Gujarat Talukdars' Act, 1888, extends (See Bom. Act VI of 1888, SB. 1 and 33).
Clause (a). Object of amendment. The object of amending cl. (a) by Bom. \ct III of 1921 is to provide for the eviction not only of a person whose right to occupancy has ceased under the provisions of this Act, but also of a person whose right to occupancy has ceased under the rules or any condition of an agreement.
Scope Of this section. This section refers to unauthorized occupation or wrongful possession of land. The question is whether the person was in wrongful occupation of land at the date of notice (Bha iji Ishawardas Shah v. Talukdari Settlement Officer, 22 Bom. L. R. 906).
Possession under decree of Civil Court. The powers given to the Collector by this section can bo exercised only in cases of wrongful possession. It does not extend to cases where possession is obtained under the decree of a Civil Court. The Collector has, for the exercise of the power, to form his own opinion and decide whether in any particular case the possession is wrongful*, but there is no provision in the Code which gives finality to the Collector's order of eviction so as to exclude the jurisdiction of a Civil Ornrt to decide that the person evicted by that order was in rightful occupation (The Talukdari Settlement Officer v. Umia- shankar, 35 Bom. 72).
Notice of suit. The Collector, holding the powers of the Talukdaii Settle- ment Officer and acting under this section served upon the plaintiff a notice asking* him to vacate certain land which he was declared to have held illegally without any right. The plaintiff was also warned that, if he did not comply with the notice, steps would be taken to evict him. The plaintiff sued for an injunction to restrain the Collector from taking possession summarily of the land. No notice of suit required by s 80 of 0. P. Code, 1908, was given. He!d, that the declaration and the notice were distinct acts on the part of the Collector done by him in hia official capacity, and, therefore, a notice to the Collector by the plaintiff was neces- sary under s. 80 of the 0. P. Code as a condition precedent to th maintenance of the suit (Talukdari Settlement Officer r. Bhaijibhai, M Bom. L. R 577).
(a) This clause was substituted for the original clause by Bom. Act III of 1921,8. 3.
[i] This word was substituted for the original words "of which the occu- panoy right" by Bom. Act IV of 1918, s. 36.
[c -c] These words were substituted for the original words "annexed to the occupancy" by Bom. Act IV of 1913, 0. 36.
62 TUB BOMBAY LAND KEVENUHJ CODE, 1870 I CHAP VI
Summary eviction under this section can only be from Talukdari lands.
The powers of the Talukdari Settlement Officer under this section, read with- s. 33 (2), cl. (cc) of the Gujarat Talukdars' Act, 1888, to evict a person summa- rily, extends only to estate held on Talukdari tenure nd not to all property of any kind of the individual Talukdar (Shankarbhai v. Raisinyji, 19 Bom. L.R. 855).
Interference Of Collector. Under this section supplemented by s. 33 (2), cl. (cc) of the Gujarat Talukdars' Act, the Gollector cm interfere only where the occupation is wrongful or in contravention of the provisions of the Act (Talukdari Settlement Officer v Rikhavdas, 15 Bom. L. K. 378).
8f'. In order to prevent the forfeiture of an occupancy under
the provisions of section 56 or of any other
To prevent forfeiture ] aw f or the time being in force through
pLorTh^thaT'S non-payment by the [J occupant of the
occupant may pay the lan d revenue due on account thereof, it shall
land revenue. * be lawful for any [b] person interested [6] to
pay on behalf of such [ a ] occupant all sums
due on account of land revenue, and [c] the Collector shall on due
tender thereof [c] receive the same. And in any such case the
Collector may [ d ] under section 86 [V]
Collector may assist gi ve to the person who has paid the land
such persons in recover- revenue a3 aforesaid (>] aid tor the recovery
ing the revenue from r . r V i i . r i i i
other parties liable of aa 7 portion of such land revenue [e] which therefor. he may consider to be properly payable by
other persons [a] :
Provided tlat nothing authorized or done under the provi- sions of this section shall affect the rights of I>rOTi80< the parties interested as the same may be
established in any guit between such parties in a Court of competent jurisdiction.
Occupancy. Vide note under the heading "occupancy" under s. 73.
Payment of land revenue by Khatedar creates no charge.
An unsolicited expenditure in r aspect of the property of another, even if made for the purpose of its preservation, gives no lien over the property, outside maratimo law. Hence, a payment of land revenue by a person of property belonging to
[a-a] Words repealed by Bom. Act IV of 1913, s. 37, are omitted.
[6-6] These words were substituted for the original words "co-occupant, tenant, mortgagee or other person interested in the continuance of the occupancy,' 7 by Pom. Act IV of 1913, s. 37 (a).
[e-c] These words were substituted for the original words by Bom. Act IV of 1905, First Schedule.
[d-<JJ These words were inserted by Bom. Act IV of 1913, s. 37 (b)
[e-e\ These words were substituted for the original words "such aid for the recovery of the proportional amounts" by Bom. Act IV of 1913, s. 37 (c).
80-83] OF SUKEIOB AND INFEEIOK UGLDKBS 68
another bat included in his khata, does not oreate any charge over the property (Shivrao 0. Pttndaltt, 26 Bom. 437).
81 . Repealed by Bom. Ad IV of 1913, s. 38. * A . n .. 82. It shall be lawful for the Governor
Governor in Council /^ Ml vr ^ & i T- empowered to 8 u8 F ened ln Oounci l b 7 Notification in the Bombay operation of section 60 Government Gazette from time to time :
or 74.
(a) to suspend the operation of section 60 or 74, or of both within any prescribed local area, either generally, or in respect of cultivators or occupants of a particular class or classes, and
(b) to cancel any such notification.
During the period for which any notification under the above clause (a) is in force within any local area, such rules shall be substituted for the provisions of which the operation is suspended as the Commissioner shall from time to time direct.
CAHPTER VII
OF SUPERIOR AND INFERIOR HOLDERS.
83. A person placed, as tenant, in possession of land by
another, or, in that capacity, holding, taking
Amount rf rent pay- or retaining possession of land perinissively
able by tenant. frQm Qr by su fj enmce Q an0ther) shall be
regarded as holding the same at the rent, or for the services agreed upon between them ; or in the absence of satisfactory evidence of such agreement, at the rent payable or ser- vices renderable by the usage of the locality, or, if there be no such agreement or usage, shall be presumed to hold at such rent as, having regard to all of the circumstances of the case, shall be just and re- sonable.
And where, by reason of the antiquity of a tenancy, no satis- _ .. . factory evidence of its commencement is forth-
Daration of tenancy. C0miog) ftnd there ^ nQt any ^ evidence of
the period of its intended duration, if any, agreed upon betwec-n the landlord and tenant, or those under whom they respectively claim title, or any usage of the locality as to dura- tion of such tenancy, it shall, as against the immediate landlord of the tenant, be presumed to be co-extensive with the duration of the tenure of such landlord and of those who derive title under him. And where there is no satisfactory evidence of the capacity in which a person in possession of land in Presumption as to respect of which he renders service or pays * rent to the landlord, receives, holds or re-
tains possession of the same, it shall be pre- sumed that he is in possession as tenant. 9
ft* T*B BOMBA.Y LAND ftavKiroii Ooca, W0 [ OHA*. VH
Nothing contained in this section shall affect the right of the
landlord (if he have the same either by virtue
Saving clause, of a g reement) ugagQ or otherwise,), to enhance
the rent payable, or services renderable by the tenant, or to evict the tenant for non-payment of the rent or non- rendition of the services, either respectively originally fixed or duly enhanced as aforesaid.
"Shall as against the immediate landlord ...... of suoh land-
lord.' ' The words "shall as against the immediate landlord of the tenant he presumed to be co-extensive with the duration of the tenure of such landlord" have a prospective and not a retrospective effect. Ihey mean that it shall be presumed that the tenancy is to last as long as the landlord's tenure may endare, but not necessarily that it was in existence when such tenure commenced. The mere fact, therefore, that the tenancy has come into existence since the beginning of the landlord's tenure does not prevent the application of this section in cases in which owing to the antiquity of a tenancy no satisfactory evidence of its com- mencement is forthcoming (Han v. Tuka^am, P. J. 1893, p. 3:3).
This section determines nature of tenancy. Where Survey
Settlement under Act I of 1865 is introduced, this section, and not section 68, applies in determining the nature of tenancy (Kbandsrao v. Baslinga, P. J. 1889.
p. ly).
This section creates no new right; it simply insists on the Courts
adopting a better method of ascertaining whether in fact the right exists (Nahan- chandv Modi Kekhushru, 31 Bom. 183).
Tenancy from year tO year -Where the plaintiff suod in ejectment, and the defendant sets up a right as a permanent tenant, it WAS held, that the set- ting up of this right was a repudiation of the landlord's title, and absolved him from the obligation which would have devolved on him of giving to the defendant a notice to quit if the defendant had set up a tenancy from year to year (Baba v. Vishwanath Joshi, 8 Bom. 228;.
Burden of proof of annual tenancy. The presumption is that a
tenant is an annual tenant and the onus is on him to prove that he is something more if he sets up permanent tenancy j in the absence of any document, he must prove antiquity of his tenure. If he succeeds, the burden is shifted to the land- lord to prove the intended duration by agreement or usage In the absence of any proof, it is presumed that the tenancy is co-extensive with the tenure of the landlord (Maneldal t% Bai Amba, 45 Bom. 350).
Tenancy forty years Old. This section does not apply to a tenancy which commenced about forty years ago, but it applies to a tenancy with respect to rbich there is no satisfactory evidence to show the commencement as well aa the terms of the tenancy (Lakshmanv. Vithu, 18 Bom. 22).
Tenancy not more than forty years old. This bection is applic-
able only when the evidence as to the commancement and duration of the tenancy is not forthcoming by reason of its antiquity, which, in the case of a tenancy at most only forty years old, there is no reason for presuming, will be the case (Kalidas t>, Bhaiji 16 Bom. 646;.
SEC. 83 ] Op SUPERIOB AND IflFEBIOR HOLDERS 65
Tenancy hundred years Old Where the origin of the tenancy was not known, but it appeared that the tenants had been in possession for nearly a hundred years prior to the suit and throughout this long period there was no demand for enhancement or attempt to eject the tenant, it was held, that under those circumstances the tenant was entitled to the presumption under sub -section (2) of this section and that they were not liable to be ejected (Mansukh 9. Trikambhai, 31 Bom. L. R. 1279).
Prepetual tenancy. The plaintiff's predecessor-in-title acquired the lands in dispute in A, D 17 V> 0. The defendants were in possession as tenants. They proved their possession so far back as 1812. But it did not appear that they were put in possession first in that year. There wad no evidence either of the commencement or of the duration of their tenancy. Held t that under this section, the defendant's tenancy should be presumed to be perpetual and that it lay on the plaintiff to prove the contrary (Daulata v. Sakhctram, 14 Bom. 392).
Where the terms of a lease did not appear to create a perpetual tenancy, there being no circumstances in the evidence from which the Court onght to infer that the intention of the parties was to create such a tenancy, it was held, that the lease was not a propetual lease (Ramibaisaheh Patwardhan v. Balaji,l Bom. 701). See also Ganyalai v. Kalapa, 9 Bom. 419, and Gangadhar v. Mhadu, P. J. 1889, p. 321.
Ancient tenancy. Where a particular year is indicated as that in which the tenancy began, the case is excluded from those in which a presumption can be drawn under this section (Ramch'indra v. Dattu, 27 Bom. L. R 1258).
Antiquity Of tenancy. It is the tenant, who alleges that he is a per- manent tenant, who in the first instance has to prove that, and if he has got no document which gives him a right on the land as a permanent tenant, the pre- sumption 13 that he ia an annual tenant. But if ho can show that he has been ou the land so long that the commencement of his tenancy cannot be ascertained, then the presumption under p\ra. 2 of this section arhi-3. Even although it is proved that the origin of the tenancy was of a later date than the lessor's tenure, still tho presumption would ariso provide'! that tho actual date of the origin was not known. Para. 2 of this section has only to do with the point of time at which the tenancy commences. There is not a word in this section with regard to tho actual terms of the tenancy. The paragraph has only to do with duration. When the presumption arises, then the Court must hold that tho tenancy is co-extensive with tho duration of the Jebsor's tenure. That means that the tenant cannot be turned out as long as the landlord's tenure continues. But there is no presump- tion as to what the terms of the tenancy arc, that is to say, with regard to rent and other matters (Sidhinath v. Chiko, 23 Bom. L. R. 533).
In order to create the presumption, contemplated in this section, it is not necessary that the tenancy should have existed for a stated number of years, and as it is not possible to lay down any one rule, and each case is to be decided ac- cording to the facts found to exist, the presumption can arise "whenever by reason of the antiquity of a tenancy, no satisfactory evidence of its commencement is forthcoming" (Narayan v. Itfiyhnvtndracharya, 2 Bom. L, R. 281).
Under this section a tenancy cannot be presumed to be co-extensive with the duration of the tenure of the landlord, even though its commencement cannot be
W THB BOMBAY LAND SEVENTHS Oora, 1879 [OHAP. VII
traced to a particular year, provided it can be traced back to a defininte period, *. y,, from If 30 to 1860 (Narayc.n i>. Pandurang, 24 Bom. L. R. 881).
To claim 4he benefit of the preumption created by tlis section it is not suffi- cient that there should be no satisfactory evidence of the commencement of the tenancy, but the absence of that satisfactory evidence mast be by reason of the antiquity to the tenancy (Vishwanath v. Tatya, 6 Bom. L. R. 615).
The saving clause of this section seems to con emplate that though the com- mencement and duration of the tenancy may be lost in the obscurity of antiquity; still there may be vested in the landlord a right by agreement to enhance rent and evict for its non-payment. Permanency of tenure is not inconsistent with the absence of fixity in rent. The permanency of the tenancy and the fixfcy of the rent are distinct, and the latter may be the subject of agreemant without touching the former (Raghunath r. Lakshman, 2 Bom. L. R. 93).
There is no/ need for a person who sets up a permanent tenancy to rely upon a grant ; for the second para, of this section expressly provides that when by reason -of the antiquity of a tenancy there is no evidence of its commencemant or its duration, it shall be treated as co -extensive with the duration of the landlord's interest in the property. It lie^ on tin pirties, who wish to rebut the presump- tion arising from the antiquity of a tenancy, to establish first, that there is no evidence of the period of its intended duration and secondly, that there is no usage of the locality as to the duration of such tenancy "Whore a tenant and his ancestors had cultivated the land as far as memory could go and paid the same amount of rent to his landlord and were in possession all along, the mere fact that he executed a rent note for ona year ia 1882 does not rebut the presumption of the permanency of the tenancy which arose from its antiquity (Rama Ranchhod v. Bayad Abdul Rahim, 22 Bom. L. R. 1214).
Some time between 1700 and 1850 the defendants became tenants under the plaintinffa. Regulation XVI of 1827 made the watan lands inalienable for the first time. In 1888 the defendants executed a rent nota to the plaintiff, by wWch he agreed to vacate the land whenever called upon by the pUintiff to do so. So no of the tenants had been in occupation all along, but some others had boon out of possession for some time and regained possession only on the execution of the rent note?. Held, that in the case of the tenants who wore in unbroken posses- sion, the execution of the rent note did not .rebut the possession of permanency of the tenancy which arose from its tenancy , in the case of the other tenants, ttair possession had been broken and the origin of their present tenancies being trace- able to the rent notes of a known date, the presumption under this section did not arise (Ramchandra v. Adveppa, 34 Born. L. R. 1131). 2 Bom. L. R. 93 and 22 Bom. L. R. 1214 were followed in this case.
Permanent tenancy. This section does not apply to a tenancy which, though very old, can be shown to have originated in a specified year (Qhikko v. Shidnath, 21 Bom. L. R. 226).
Permanent tenant. The position of a permanent tenant under this section ia not affected in any way by the prohibition contained in the Bhagdari Act against alienation (Ibid).
A permanent tenant who has planted trees on his land has the right of cut- ting down and making use of them. This principle has found legislative sanc- tion in s. 108, cl. (A), of the Transfer of Property Act, 1882 (Sitabai t>. Shambhn, 38 Bom. 716).
SBO. 831 OF STJPKRIOE AND INFERIOR HOLDERS $7
Where there is no satisfactory evidence of the commencement of a tenancy it is presumed to be permanent under this section, bat the tenant is not a Mi rasi tenant. The landlord has the right by usage, agreement or otherwise to enhance the rent in the case of a permanent tenant ( ir yasacharyn v. "Vishnu, 44 Bom 566). The mere fact that tenancy has commenced subsequently to the commencement of the landlord's tenure does not prevent the application of cl, (1) of this section, in cases where, by reason of the antiquity of tha tenvacy, no satisfactory evidence of its commencement is forthcoming (Ramchandra v. Anant, 18 Bom 433).
Where it is proved that a tenant has been in occupation of certain land for so long that one cannot ascertain the commencement of the tenancy the mere fact that during the currency of his holding he has signed a kabulyat which jpurports to be in terms of an agreement for an annual tenancy, may not be sufficient to displace the advantage ho has obtained from his long holding, if he continues in possession for ininy years after he had signed the kibulyat, on the same rent. Each case however, must stand entirely on its own facts. First of all, a tenant claiming to hold as a permanent tenant must establish the facts which would entitle him to the presumption of this section. But it can bo rebuttjd by the landlord by the produc- tion of a kabulyat. The effect of the kabulyat can, however, be destroyed by fur- ther evidence on the part of a tenant. The fact of the sigaing of the kabulyat as merely an isolated instance in the midst of a long holding at the same rent, will not necessarily prevent the tenant from succeeding (Vijbhukhandas v. Ishvardas, 2o Bom L. R. 431).
The fact that the commencement of a tenancy cannot be determined coupled with ttie presumption of continuation of the tenancy and coupled also with the f ict that a permanent building hds been erected on the land as far back as memory can go, raises a strong presumption that the tenancy is permanent (Rukmini v. Rfiyaji, 48 Bom. 541).
Under the last paragraph of this section if a tenant proves that he has fixity of tenure he is entitled to fixity of rent, unless tha landlord can prove either by agreement, usage or otherwise that he has a right to enhance the rent. "When it Las been proved that he has such a right, thun the question of the extent of the enhancement must be left to the Court as the final arbiter (Giriappa r. Govindrao, 27 Bom. L. R. 1331).
Jn the case of permanent tenants, under this section, the court allowed the ordinary landlord to enhance rent to the extent of three times the assessment. "Where a permanent tenant improves the demised land by growing fruit trees, and the assessment 011 the land is consequently increased, the landlord is entitled to get rent based on the assessment but he cannot claim in addition rent for the fruit trees (Ganagaram v. Ganesh, 21 Bom. L R. 1340).
There is nothing in the Bhagdari Act to prevent a permanent tenant of a Bhagdar from alienating tho fruit of the trees on the laud of which he is a tenant, in the same way as he could alienate the crops or grass npon such land. The position of a tenant of a Bhagdari land who is presumed to be a permanent tenant under this section is not affected in any way by the prohibition contained in the Bhagdari Act against alienation (Nahanchand v. Kekhushru, 9 Bom L.R. 60j 8.0. 31 Bom. 188).
A person who is in possession of watan lands as a tenant of the watandar cannot acquire a right by adverse possession to fixity of rent. Even if a per-
W TM BOMBIY IAND REVENUE OODB, 1879 [ OHA*. VII
maaeut tenant can acquire a right of fixity of rent as against the immediate holder of the watan by adverse pos369eion ; it will not prevail against next holder (Vishnu v, Tukaram, 49 Bom. 526).
The plaintiff was in possession of certain vania land, for which ho paid a fixed quit-rent or salami of Rs. 5 per year. He relied on title deeds the earliest of which was dated 1835 A D., and described the lanl as pasaita. His father pur- ch>sed the land in 1876. In 1885, the defendent landlord tried unsuccessfully in the Mamlatdar's Court to raise tha rent. HJ gave in 1892 a notice to quit which was desregarded by the plaintiff. However, in the yoars 1895, 1893 and 1898, the plaintiff passed rent-notes for the land in suit as well as for an adjoining plot of land, agreeing^ to p%y Rs. 5 as rent and to give up possession at ths end of the cultivating season. These rent-notes were held to have been passed under a mis- apprehension that they related only to the adjoining lan'l The plaintiff hiving sued for a declaration of his right to hold the Hud pertinently at a fixed stl&Tii of Rs. 5 a year, it was held (1) that the plaintiff was a permanent tenant at a fixed quit rent or salami of Rs. 5 a yeir ; (2) that the defendant was not at liberty to enhance the rent in absence of proof that he was entitled to do so by agreement, usage or otherwise. The onus of proving such a right to enhince tha rent lies on the landlord unless there are special circumstancaa to fch> contrary. Tha rulings of the Bombay High Oouit recognizing the usage under which a landlord can enhance the rent of a miraai tenant have no application to wanta land in Gajarat (Juvansinyji v. Doh Chhala, 27 Bom. L.R. 8UO).
The plaintiffs, who were landlords, gave notice to defendants, who were tenants of agricultural lauds, on February 5, 1916 ; calling upon them to pay en- hanced rent or else to quit possession within ten days Th3 defendants^raisud tha plea that they were permanent tenants and claimel that they were in p3sso3sion ever since the foundation of the village in 1655 A. D. Their names as tenants appeared in plaintiff's books from 1876, and in the earlier books though thoir names were not mentioned specifically, yet coupled with other evidence they showod that as far back as 1848 the defdiidiub's ancestors \vjro cultivating tho lands. The" plaintiffs having sued in ejectment, it was hild (1) thit under the circumstances tho defendants were to ba treated as permanent tenants by virtue of the presumption arising under this section; (2) that the notice to quit was bad as contravening fcho provisions of e. 84;*>s/j and (3) thib the plaintiffs had failed to make out a case for enhancement of rent (Amarwnyji v. Ranchhod, 27 Bom. L, R. 267).
Where a tenancy 13 shown to have originated at soma tim;> bjtween 1758 ajid 1857, a presumption can arise, under this section, that the tenancy is permanent. The period of a century is too long and indefinite a period to constitute satis- factory evidence of the commencement of a tenancy within the meaning of this section ( Shripadbhat v, Ramz, 29 Boin L. R. 274).
In a suit for ejectment the defendants pleaded they wore permanent tenants, It was found that another person was the tenant in 1758, but there was no evi- dence as to who was in possession between 1758 and 1860. The defendants provol their tenancy from 1860. Held, that the plaintiffs failed to prove the comnmce- ment of the tenancy. There was neither any evidence of the period of the intended duration of the tenancy, if any, agreed upon between the landlord and tha tenant nor any evidence of any usage of the locality as to the duration of suoh ienaacy. So the presumption of permanent tenancy arose in favour of the defendants unlor this section (Janardan Narayan t>. Lakshman Mahadto, 33 Bom, L, R. 551)
BEO. 85 ] Otf StfttB&ioR AND INFERIOR flot&iaa* 6$
The period of 150 years is too long and indefinite to constitute satisfactory evidence of the commencement of the tenancy within the meaning of this ' section (Kamchandra v. kdiveppa, 34 Bom. L. R. 1131).
In this case 29 Bom. L. R. 274 and S3 Bom. L, R 551 were followed.
When the finding of both the lower Oonrts is that defendant's ancestors were in possession of the land many years baforo 1863 wh->n the Bombay Rygulation XVI of 1827 was applied to Satara District and when watan lands were not made inalienable in Satara District, the statutory presumption of a permanent tenancy under this section can be raised (Gcvind Vithu v. Vith^l Laxtnan, 33 Bom L. R, 210).
The possession of the tenant was traced back up to 1864. The tenant mort- gaged the holding and the mortgagees who subsequently brought the holding to sale and purchased it were never entered as permanent taniuts, Hild, that under the law as then it stood, there was no prohibition of transfer of ordinary tenancy, ao the mere fact that the landlord permitted the mortgage and the sale does not lead to an inference of permanent tenancy and with regard to this soitnn it was difficult to say that in the case of cultivation in 1863 the antiquity was so great as to make the commencement of the tenancy difficult and obscure (Vyinkatesh Bhivram v. Krishna Bal Qhavan, 33 Bom. L R. 613).
Permanent tenants and tenants-at-will. Tenants -at-wiii do
not deprive the Inamdar of his possession, but "permanent" or occupancy tenants do. The distiction between "permanent tenants" and Houanta-at will" is often hard to draw when not written by written leases (18 Bom. 433 and 17 Bom. 475), but the sutil&rs of Kurla are admitted to be permanent.
Grantee of Royal share of revenue or of soil.
A grant to an inamdar may bo eithor of the Royal share of rev^nuo, or of the soil ; but ordinarily it is of tho former description. The burden rests on the Inamdar to show that he is an alienee of the soil (Raiya v. Balknshna, 29 Bom. 415).
Right Of inamdar to enhance rent. Mirasdara in a villlage cannot always claim to hold at a fixed ront. An inamdar can enhance thAr rjnU with- in the limit of custom (Vishwamth Bh\kij\ v. Dhondappa, 17 Bom. 475).
Right of landlord to evict on tenant's denying his title.
A tenant repudiating the title under which he entered, becomes liable to imme- diate eviction at the option of the landlord ( Vishnv v. Balaji, 12 Bom. 352).
Suit by tenant to recover possession claiming as full
Owner. A plaintiff sued to recover possession of certain fields, etc., alleging that he was a permanent tenant of the defendant, having purchased the right of occupancy from previous occupants of the land. Tue lower Court held that the plaintiff's vendors were merely yearly tenants and not permanent tenants, but that the sale of thoir right to the plaintiff wag valid, and that the plaintiff had been wrongfully disposses sed by the defendant, no notice to quit having been given. Held, the plaintiff could not recover ; for his plaint and the conduct of his case amounted to a denial of his landlord's (defendant's) title. In his suit the plaintiff claims to be full owner, and he could not afterwards claim to be restured to possession on the ground that he was a yearly tenant entitled to notice to ^uit, which was not given (Lalu Gayal v. Bai Motan Bibi, 17 Bom. 631).
70 THE BOMBAT LAND REVENUE CODE, 1879 [OHAP. VII
84. An annual tenancy shall, in the absence of proof to the contrary, be presumed to run from the end JE on""? sm of one cultivating season to the end of the March. next - The cultivating season may be pre-
sumed to end on the 31st March.
An annual tenancy shall [a] in the absence of any special agreement in writing to the contrary [a] re- Three months' notice quire for its termination a notice given in Iftti'givint; writing by the landlord to the tenant, or by landlord to tenant, or tlae tenant to the landlord, at least three vice versa. months before the end of the year of tenancy
at the end of which it is intimated that the tenancy is to cease. Such notice may be in the form of Schedule E, or to the like effect,
The object of this secaion is to define the nature of contract of tenancy ; bnt the landlord's right of forfeiture arising from denial of his title is no part of the contract of tenancy, but is a right which the law implies in all cases from the relationship of landlord and tenant. If the Legislature had intended to ex- clude the right of forfeiture in cases of annual tenancies, thare would have been express provision to that effect (Venkaji v. Lakshman, 20 Bom. 354).
Annual tenancy, determination of. Au annual tenancy to which
this Code applies, cannot be determined without a notice in writing by the landlord (or by the tenant) (Ochhavlal v. Gopal, 32 Bom. 78).
The notice under this section ought to be of 3 months.
One of 17th March 1887 to enhance the assessment for the year 1887-1888 ia insufficient (Bahiru v. Vinayak, P. J. 1892, p. 298).
Necessity Of notice to quit. Where, in the case of agricultural land, the tenant entered into an agreement with the landlord that he would pay the amount of the annual rent every year as long as the landlord would keep the wadi (oart) with him, and would givo back tho samo when the landlord would demand it, Held, that the contract between the parties took the case out of this section, and that, as tho rent would not be payable uatil the end of the year, the landlord might put an end to the tenancy and demand the land at the end of any year without giving any previous notice of any particular period, but he could not demand immediate possession in the middle of a year (Bzlkrishnt v. Jashi, 19 Bom. 150). An adverse possession of a khoti land of an occupancy tenant extinguishes the right of the occ'ipaacy tenuit to actual possession but not right to relinquish his occupancy right to the kuoti who, after du3 notice under this section, is entitled to eject the person in possession (Vishnu r. Rabla } 45 Bom. 1001).
When notice tO quit iS not necessary Where the tenants agwd by their Kabuliat to give up the land in Kartik and where no subsequent tenancy was created either by agreement or by acceptance of rent, held, that no notice to quit was requisite, that this section did not apply and that the plaintiff was en- titled to recover the land immediately after Kartik (Dattatraya v. Likshman, P J* 1894, p. 218). An annual tenancy, under this section, is determined by the tenant's disclaimer of the landlord's title even where the Transfer of Property Act does not apply; and no notice to quit is necessary to determine the tenancy (Vidya- vardhak Sangh 00. v. Ayyvppa, 49 Bom. 842).
[a a| These words were inserted by Bom. Act VII of 1914, s. 2. """
BEGS. 84-84A.] OF BUPEBIOR AND INFERIOR HOLDERS H
Notice Year Of cultivation. Where a notice determining a tenancy was given in June and recited that the yeu of cultivation W3iild terminate in October, bat the only document that was filed indicated that the year ended in May, it was held that tha notice did not terminate ths teainay (Ichhtfal . Anjibai, 30 Bom. L. B. 1602).
Ten days' notice IS invalid. The words of the particular notice given by the plaintiffs were: '<You are hereby given notice that within ten days from the date of receipt hereof you should pay over to us reut of ths list yeir and you should givo in writing a Kabalayat to pay rent for the lands you cultivate, failing which you should hand over to us the lands which you cultivate, and in default steps will be taken against you to take over possession from you or obtain any other remedy according to law.' 7 Held, that it cannot be implied that the notice to quit was to quit at the termination of the cultivating season and that it did not comply with this eection. Held, further, that though the form of notice referred to in this section was not imperative, it still indicates the class of notica which the Indian Legislature had in mind, and that notice would be very much what would be required under English law and the notice in the present case was not a valid notice to quit (Amarsangji Indrasanyji r. RanchJwd Jethabhai, 27 Bom, L.B. 267).
* 81 A. (1) Whenever from any cause the payment of the
whole or any part of the land revenue payable
Order granting sus- to G overnmen t by a superior holder in respect
TirrUar. 810119 of any land is suspended or remitted, the Col-
lector, acting under the general or special
orders of Government, may suspend or remit, as the case may be,
the payment to such superior holder of the rent or land revenue of
such land by the inferior holder or holders to an amount which
(a) in the case of land in respect of which full assessment is payable to Government, shall not exceed double the amount of the land revenue of which the payment by such superior holder has been suspended or remitted by Government, and
(b) in the case of land in respect of which land revenue less than the. full assessmnt is payable to Government, shall not exceed double the amount which, in the opinion of the^ Collector, would have been suspended or remitted by Government in favour of the superior holder if the full assessment had been payable to Govern- ment in respect of such land.
(2) In the case of land in respect of which no land revenue is payable to Government by a superior holder, whenever from any cause the payment of the whole or any part of the land revenue pay- able to Government in respect of any other land in the same ne''gh- bourhood has been suspended orremUted, the Collector, acting under the general or special orders of Government, may suspend or remit, as the case may be, the payment to such superior holder of the rent or land revenue of the first-mentioned land by the inferior holder or holders to an amount which shall not exceed double the amount
* This section was inserted by Bom. Act VII of 1914, 8. 3. 10
J50MBAY LiAND KBrETT|l UODB, J/W [ UHAP. VIA
which, in the opinion of the Collector, would have been suspended or remitted by Government in favour of the superior holder if the full assessment had been payable to Government in respect of such land.
Such order not to be (g) An order pa3ged d gub-iectlOU
questioned in any Oonrt (l) Qr ^ mb ^ {(m (J) AM U0t be
questioned in any court.
(4) If the superior holder collects any rent or land revenue of
which the payment has been remitted, or be*
n^'Tf 10 ^ llow " fore the expiration of the period of suspension ing on such order. ^^ ftny rent or ^ revenue rf ^ ^
payment has been suspended in favour of an inferior holder or holders, the whole of the land revenue remitted or suspended in favour of such superior holder shall, without pre- judice to the rights of the inferior holder or holders to recover the rent or land revenue so collected, become immediately payable by the superior holder.
(5) No application for assistance under sections 86 and S7 shall be entertained, no suit shall lie, and in decree of a Civil Court shall be executed, for the recovery by a superior holder of any rent or land revenue of which the payment has been remitted, or during the period of suspension of any rent or land revenue of which the payment has been suspended in favour of an inferior holder or holders; but, where the payment of rent or land revenue by an inferior holder or holders has been suspended, the period during which the suspension has continued shall be excluded from the period of limitation prescribed for a suit for the recovery of such rent or land revenue.
(6) Nothing in this section shall make it unlawful for the
superior holder to take the crop-share fixed OMfc !l P ;f a ^ e J^^ by ^ Cu8tom or agreement in respect of any
caste* or agreement land OQ wh j ch ^ . g ^^ . Q ^ op
part in the form of a share of the crop.
(7) Explanation
In respect of land which has not been assessed under the pro-
^ . , visions of Chapter VIII or under any survey
Meamng of assessment. settlement confirmed by section 112, the
term assessment, for the purposes of this sec-
tion, includes the rent or land-revenue payable by custom or by
the usage of the locality.
Sind excluded. (8) Nothing in this section shall apply
to any land situated in the Province of Sind.
Object of tixis section The object of this lection is to secure for
tenants and other inferior holders a share in the concessions granted by Gtofern-
ment under the rales for the suspension and remission of Land Revenue. The
chief difficnlty experienced in carrying out tbe pojicy of liberal attspensions and
8 ECS, 84A,*85] Or SUPERIOE AND INFBBIOB HOLDERS 73
remissions is that, though Government may grant a remission or suspension to the superior holder, the latter can recover the whole of the rent or land-revenue, at once from the inferior holders. This section will now remedy this defect in the Act (Statement of Objects and Reasons).
[a] 85. (1) Every superior holder of an alienated village
or of an alienated share of a village, in which
Recovery of superior there are a hereditary patel and a hereditary
holder s dues. village accountant, shall receive his dues on
account of rent or land -re venue from the
inferior holders through such patel and accountant.
(2) Where such patel and accountant fail to recover in behalf of such superior holder any sum due and payable to him on account of rent or land-revenue, such superior holder shall, with the pre- vious consent of the Collector, be entitled to recover his duei direct from the inferior holders.
(3) Where any such patel or accountant has recovered any sum in beha ] f of such superior holder and fails to account to him for the same, the Collector shall, on written application from the superior holder, recover such sum from such patel or accountant as an arrear of land revenue.
(4) VVhere any such superior holder demands or receives any rent or lapd revenue from any inferior holder otherwise than through such patel or accountant, he shall, on conviction in a summary enquiry before the Collector, be liable to a fine not exceeding three times the amount of the sum so demanded or received.
Note, This section does not apply t, any estate in the districts of Ahmeda- bad, Kaira, Broach or Panch Mahals to which the Gujarat Talukdirs' Act, 1888, extends (Bee Bom. Act VI of 1888, SB 1 and 33).
Applicability to Sheri lands in alienated Villages This sec- tion does not apply to the lands held as Sheri bjp at* Inamdar (G. R. No. 1425, lated 5-2 1913, cited in Modak'a Bombay Land System and Village Ad minis tra lion.)
Suit by superior holders to recover dues from inferior
holders. This section does not bar the jurisdiction of Oivil Courts to try suits by superior holders to recover the arrears of their duea from inferior holders (Vuhvamth v. Kondaji, 42 Born. 49).
Enhancement Of rent. A grant to an inamdar may be either of the Royal share of Revenue, or of the oil ; but ordinarily it IB of the former descrip- tion. The burden rests on the inamdar to show that he is an alienee of the soil. Where an ioamdar ia an alienee only of the land revenue, then his relations to- wards those who hold land within the area of the Inam grant, vary according to certain well-recognized conditions, [f the holding was created prior to the grant of the Inam, then the inamdar as such can only claim land-revenue or assessment
|/ij Tnia section was substituted by Bom. Act I of 1910, 1st Sch., Part 1I ? eerial No, 6 for tite original section,
? 4 THE BOMBAY LA.HD EUvawais OOD, 1879 [ OHAP. VII
for he has no interest in the soil, in respect of which rent wonld be paid. If the holding is later in its origin than the inam grant, the inamdar even if only a grantee of revenue, would be entitled to place tenants in possession of the sheri lands, not by virtue of any interest in the soil, bat as being entitled to make the most he can oat of them by way of revenue. The difference between the two classes of holdings is obvious 5 in the la*t, direct contractual relations would be established between the inamdar and the holder. It these contractual relations are defined by an express contract of which there is evidence, then the rights of the parties must be determined by that ooruract. If no such contract can be proved then the Court must have recourse to the criteria prescribed by law for determin- ing their rights (Rajya 0. Balkrishna, 29 Bom. 415).
Usage Of locality-Tests. In oases where enhancement of rent by an Inamdar is sought to be sanctioned by usage, the test is, whether there has beeu any and what enhancement according to the usage of the locality in respect of land of the same description held on the same tenure (Ibid).
Talati appointed to be Kulkarni not a hereditary village
aOOOUntant. A talati appointed t:> be a Kalkarni of a commuted inam village is not a hereditary village accountant for the purposes of this section (G. R. No. 6550, dated 10-1-1923, quoted in Joglekar's Supplement No. 2, p 19).
86. Superior holders shall, upon written application to the . . ., Collector, be entitled to assistance, by the
W&r,"b use of precautionary and other measures, for recovery of dues from the recovery of rent or land-revenue payable inferior holders, &c. to them by inferior holders, or by co-sharers in their holdings under the same rules, except that contained in section 137, snd in the same manner as prescribed in Chapter XI [a] for the realization of land -re venue by Govern- ment:
Pr vided that su <>h application be made - within the revenue year or within the year venue year or within ot tenancy in which the said rent or land- the year of tenancy. revenue became payable
Applications may bo S6nt by post. A n application by a superior holder for assistance for the recovery of rent under this section is not liable to re- jection if sent by post ,Gt B. No. 5027) dated 12t': November 1890, quoted iu Sathe's Land Revenue Code, 4fch ed v p. 162).
Suit tO recover enhanced rent.Seca. 86 and 87 do not make it compulsory on the inamdur, or his assignee, to ask for the assistance of the OolW- tor to recover enhanced rent from the tenants. If the inamdar, or his assignee, had made a demand on the tenants for the enhanced rent through the hereditary patel, or village accountant, as required by s. 85, and they had refused, he would have at once become entitled to his ordinary civil remedy (Govindrao t>. Balu, 1ft Bom. 586).
Inamdar 's remedy for arrears of rent. Inamdars can only ob- tain a money decree for arrears of assessment in the Civil Oourt, Belief by for-
[a] Words repealed by Bom, Act ill of 1886 are omitted.
SBCS 85-871 OP SUPEBIOB ANO INFBBIOB HOLDERS 75
feiture and sale of the tenants' lands must be had, if at all, through the Collector under this section (Ratanji 9. SMaram, P J 1884, p. 68),
Suit by Inamdar for arrears of assessment. in a suit by a*
Inamdar for arrears of asaes 3019:1 fc from kuatelara, there is no necessity to pro- duce a certificate under s. 4 of the Pension* Act (XXEII of 1891). He is not en- titled to charge on the lands of, but only to a money decree ag ainst, the occupant* ; hence, no personal decree can be passed agains t an oetupantin respect of assess- ment for the years previous to hh coming on the holding (Vinauak v. Lakshman, 28 Boro. 92).
Suit for declaration Of rights -Injunction Where the Re- venue authorities proceed nuder this section to assist a superior holder ty recover his dues from an inferior holder and the latter, havin; exhiu-a ed his rights of appeal under this Code files a suit for for declaration of bis right, the Court in which the suit is ponding shall not grant an injunction to restrain the procedure uuder this section (Karimdino t>. Ali Akbar, 2 8. D. 572).
Municipality deemed to be a superior holder. A Municipality
U deemed to be a superior holder within the maaniag of this and the following section (Vide s. 166 of the Bom District Municipal Act (III of 1901).
[a] 87, (1) On application being made under section 86 to the Collector, he shall cause a written notice
there f < be * er . ved " the * holder tion being made. or co-sharer fixing a day for inquiry into the
care.
[a] <2) On the day so fixed he shall hold a summary inquiry, and shall pass an order for rendering assistance to the superior holder for the recovery of such amount, if any, of rent or land re- venue as appears to him upon the evidence before him to be law- fully due.
[a] (3) But, if it appears to the Collector that the question at
A . , issue between the parties is of a complicated
tJST^Z^ or difficult nature, he may in his discretion
limited exteut only either refuse the assistance asked for, or, if
the land to which the dispute relates has
been assessed under the provisions of Chapter VI II. ..[6] or any
survey settlement confirmed by section 1 12 grant assistance to the
extent only for the assessment so fixed upon the said land.
[a] (4) Nothing in this section shall prevent either party from
having recourse to the Civil Courts to recover
Civil suit not to be f r0 m the other such amount as he may deem
barred * to be still due to him, or to have been levied
from him in excess of what was due, as the
case may be.
[c] (5) One appeal only shall lie from any order passed under this section,
[a] These sub-sections were originally paragraphs of section 87. They were numbered as sub-sections by Bom. Act IV of 1913, s. 39.
[b] Words repealed by iiom. Act 111 of 188G are omitted.
-)<?] Tnia sub-auction was addec} by Bom. Act IV" of 1 91 3, a. 39,
7 * THE BOMBAY Luro KivBurtfis CODS, 1879 (OHA*. Vlf
Mamlatdar's order does not bar Civil suit. A mamlatdar'g
order under this section does not preclude the pubie* f om hiving recourse to the Civil Court, if dissatisfied with it (Oawsh v. Mehta, 8 Bom. 188).
Collector's power tO refuse assistance. Paragraph 1 of this sec- tion leaves the Collector no discretion as to wlthh olding assistance for the re- covery of rent or land revenue which after a sumnary enquiry he finds to be law fully due. The truth is that in these enquiries under this section the Collector exercises in a summary way the jurisdiction of a Civil Court, and like those Courts be has no authority to go behind the liability and listen to appeals ad misericor- dium. Even should he do so, the 4th paragraph of this section enables the land' lord to go to the Civil Court to recover from hU tenant such ami a nt as the Col- lector disallows, and the object of the Collector would thus be frustrated Even when the question at issue is of a complicated or difficult nature, cl. 2 of this section assumes that there can be no such question about the survey assessment (G, Us. Nos. 8402, dated 25th October 1884, an 1 1 839, dated 14th February 1885)
The power given to the Collector, in the 3rd pa ragraph of this section, of re- fusing assistance to a superior holder for the recovery of dues from his infer io r holders when the questi>n at is*ue between ttu pirties appears to him to be of a complicated or difficult nature, is a discretional power ; and the ordinary rule in appeals is not to interfere with the exercise ,by subordinate authorities, of their lawful discretion. Bat thie rule is subject to the qualification that it is the duty of the appellate authority to see that the subordinate exercises a sound discretion (G. R. No. 168, dated 8th January 1884).
Rates Of bhatta tO Witnesses The rates of Ihatta to witnesses as fixed by the High Court from time tJ time are applicable in the case of enquiries made under the provisions of this Code, and the orders r egarding bhatta issued in G. R No. 880, dated 20th March 1888, are not binding (G. O. No. $610, dated 28-2-1920 quoted in Joglekar'a Supplement No. 2, p. 20).
Appointment of temporary clerks for assistance suits.
Collectors caii appoint temporary clerks for assistance tuir e when required, with the approval of Government, subject to the condition that the expenditure thereof is recovered from the process fees (G R So. 251 5-3 i, date 1 29 -1-! 925, quoted in Joglekar's Supplement No. 2).
Lawyers Government officers may allow representation by Liwyers, whenever suoha course is likely to ha helpful, in appeals under the
(1) Land Bevenue Code.
(2) Ike Income Tax Act,
(3) Tie Watan Act and other similar matters (B G. G., 2920, Pt. V, p. &V
8^. It shall be lawful for the Commissioner at any time to issue a comm ission to any holder of alie- Oumnussioner may, by nated lands, conferring upon him all or any of ^ f o u ow i ag powers in respect of the lands, specified in such commission ( namely J:
. S7-&9 j 0* Su^BBIOB AND llfFEBIOE Hot*DEB 77
(a) to demand security for the payment of the land-revenue or rent due to him, and if the same be not furnished, to take such precautions as the Collector is authorised to take under sections 141 to 143 ;
(b) to attach the property of persons making default in the payment of such land revenue or rent, as aforesaid ;
(c) to fix from time to time the times at which, and the in- stalments in which, the land-revenue or rent due to him shall be payable ;
(d) to exercise the powers of a Collector under sections 65 and 66 ;
(e) to receive notices of relinquishment under section 74, and to determine the date up to which such notices shall be received as in that section provided ;
( /' ) to take measures for the maintenance and repair of boundary-marks in the manner provided for survey officers in sec- tion 122 :
Provided that the powers contemplated in clauses (c) to ( /) shall be conferred only on holders of lands to which a survey settle- ment has been extended under the provisions of section 216.
XTote*. This section is subject to modification when applied to any estate iti the districts of Ahmedabad, Kaira, Broach or Panch Mahals to which the Gujarat Takkdar's Act, 1888, extends (Bom. Act VI of 1888, as. 1 and 33).
Conferring of powers on Inamdar. There \* no objection to the
powers contemplated in els. (a) and (b) of this section being conferred upon an Inamdar at once, bat, none of the powers mentioned in els. (c) tj ( / } can be con- ferred nntil a survey settlement has been extended to his village under s. 216 of the Code (Pub the proviso to this section).
The grant Of commission under this section to a sharakatdar ia not necessary, when he is a mere rent-charge holder (G. O. No, 76, dated 10-1-21 quoted in Joglekar's Supplement No. 2).
89. Every such commission shall be in the form of Schedule F, and shall be liable to be withdrawn at the Form of each com- pleasure of [a] the Commissioner [a] ; and a mi88lon - commission may, if the [6] Commissioner
see fit be issued to one or more agents of a holder of alienated lands as well as to the holder in person. V\fa the first note undor the preceding section.
[a-n] These words were substituted for tbe original word 'Government" by Bom. Act IV O f 1913, s. 40 (2).
[b] This word was substituted for the original \vordd "Governor iu Council by Bom. Act IT of 1913, a. 40 ().
78 THE BOKBlir JLiAWD RBVWftfB OotoB, 1879 [ OHAJP, VU
90. If the holder of any such commission attach a defaulter's property, he shall make an immediate report
5ttC ? ? *5 e doll ? ctor o " having done so. Should
sion to the Collector in e demand on account or which the attaca- certain oases. ment has been made, appear to the Collector,
after such inquiry as he may deem fit to make, to be just, he shall give orders for the sale of the property, and the sale shall be conducted agreeably to the provisions of sec- tions 165 to 186.
But if the holder of the commission is invested, under Regula- tion Xillof 1830, with civil jurisdiction and with power to exe- cute his own or his agent's decrees, the sale shall be conducted by him and not by the Collector and his subordinates.
When compulsory pro- 91. All compulsory process shall cease :
cess* shall cease
on the defaulter's paying or tendering the amount demanded of him under protest, or
on his furnishing either to the holder of the commission or his agent or agents, or to the Collector, satisfactory security in the form of Schedule D, or to similar effect.
And any holder of any such commission as aforesaid, by him- self or his agents, proceeding with any com-
Penalty for coDtma. pu l 80ry procegg after pa y ment made, Or ten- infi compulsory pro- *, JP j * \ r i
cess. dered as aforesaid, or after the furnishing of
such security as aforesaid or after tender thereof, shall be liable on conviction in a summary inquiry before the Collector, to a penalty not exceeding three times the amount of the revenue sought to be recovered by such compulsory process.
92. The power conferred by any such
' P 7o*l***tto m *~ commission shall extend to the enforcement Jent airipreviouB yoar'g f tlie payment of the revenue or rent of the arrears. current year and of the year next immediately
preceding, but not to that of former years.
93. The holder of any such commission shall not enforce a
demand for revenue or rent in excess of
Holder of u"*^ 11 what any inferior holder has paid, previ-
usual or 60 e^ssiV d e T ously to the date of such demand, or of
rnand. what he may have contracted in writing to
pay. In the event of a dispute the Collector
shall hold a summary inquiry and decide what is just, and the holder of a commission shall not enforce a demand for more than what is so decided to be just.
The person against whom any demand shall have been enforc- ed in excess of the amount of which payment Penalty for so doing. is i aw f u n y eo foreable shall be entitled to re- cover, on conviction of the holder of the com-
SBCB. 8U-94AJ Op SopBBiofc AND INFERIOR SOLDERS 19
mission in u summary inquiry before the Collector, three times the amount of any such excessive demand by way of damages, and the sum so due by the holder of the commission shall be leviable from him as an arrear of land revenue.
94. Nothing in the last section shall be deemed to prevent a B holder of alienated land from instituting a
mission may e 8 tablhh 8uit in m * Courfc of competent jurisdiction bis right to enhanced tor ttie purpose of establishing his claim to rent in civil Oonrt. re-assess the lands or re-settle the revenue of any inferior holder paying less than the full sum to payment of which he d^ema him to be justly liable, or from levying the sum ascertained t > be due in accordance with the decree in any such suit in the manner hereinbefore mentioned*
Note. This section is subject to modification when applied to any estate in the districts of Ahmedabad, Kaira, Broach or Panch Mahals to which the Gujarat Talukdars' Act, 1888, extends (Vid* Bom. Act VI of 1888, as. 1 and 33). (a) 94 A (1) The superior holder of an alienated village or of an alienated share of a village, in which Recovery as revenue there are a hereditary patel and a hereditary
f
npe ho,
for specified period. settlement has teen extended under section 216, may by application ia writing to the Assistant. or Deputy Collector in charge of the taluka request that the rent or land revenue due to such superior holder may during a period named in the application be recovered as a revenue demand.
(2) The Collector may in his discretion sanction the applica- tion for a period not exceeding that named by the applicant, and in such case the following provisions shall apply :
(a) Any rent or land-revenue that accrues or has accrued due to the superior holder during tbe sanctioned period or a period of six years previous thereto shall, to an extent not exceeding the assessment fixed on the land, be recoverable under the orders of the revenue authorities as a revenue demand during the sanctioned period.
(b) Where any proportion of the land-revenue that accrues or has accrued due to Government in respect of unalienated land in the same neighbourhood during the said sanctioned or previous period has been suspended or remitted by proper authority, the Collector may suspend or remit an equal or lesser proportion of the rent or land -revenue that accrues or fcias accrued due to the superior holder, during the corresponding period. Any such suspension or remission shall, notwithstanding anything in the Bombay Revenue Jurisdiction Act, 1876, be binding upon the superior holder in any subsequent proceedings in any Civil Court between the superior
ia"\ This aaction waa inserted bv Bom. Act IV of 1913. 8. 41.
80 THE Boafcu* IUHD EKV^NUB CODB, 1879 [ ORAP. Via
and inferior holders or their legal representatives, and any proceed- ings pending at the date of such suspension or remission shall abate to the exteut of any claim that may ba iaonsistent therewith; and no Civil Court shall entertain any suit against the Secretary of State or Government in respect of any such suspension or remis- sion,
(c) Where any such suspension or remission has been granted to an inferior holder, the land-revenue (if any) payable by the superior holder shall be suspended or remitted, as the case may be, to a proportionate extent.
(d) The balance of any sum recovered under clause (a) shall be paid to the superior holdar after deduction of the costs, i any, of recovery and of any sum lawfully chargeable upon the sum re- covered.
CHAPTER VIII.
OF SURVEYS, ASSESSMENT* AND SETTLEMENTS OP LAND REVENUE [].
[a] This title was substituted for the original title by Bom. Act IV of 1913 s.42.
Note. The provisions of this Chapter do not apply to the maintenance of the Eeoord of Bight (Raghwendra v. Secretary of State, 28 Bom. L R. 559).
95. It shall be lawful for the Governor in Council, whenever
it may seem expedient, to direct the survey
Revenue survey may any l an( J i n any part fa Q Presidency,
lt r n e c d i, b L?o7ny " ith a <V ** settlement of the land- part of Presidency. revenue, and to the record and preservation
of rights connected therewith, or for any other similar purpose and such survey shall be called a revenue survey. Such survey may extend to the lands of any village, town, or city generally, or to such land only as the Governor in Council may direct; and subject to the orders of the Governor in Council it shall be lawful for the officers conducting any such survey to except from the survey settlement any land to which it may not seem expedient that such settlement should be applied.
The control of every such revenue survey Control of revenue shall vest in and be exercised by the Gover- iurve y- nor in Council
96. It shall be lawful for the survey officer deputed to con-
duct or take part in any such survey, to Survey Officer may require by general notice or by summons, the
S e o5V:! ttendaQ <! e o h l de . to* nd of all suitable service from persons interested therein, in person, or by holders of laud, etc. legally constituted agent duly instructed and able to answer all material questions, and the pretence of taluka and village officers, who in their several stations and capacities are legally, or by usage, bound to perform service in
95^100 ] 0* SuBvEva, ETC. OF LiJto RJEVENTTE 81
virtue of their respective offices and to require from them such assistance in the operations of the survey and such service in con- nection therewith, as may not be inconsistent with the position of the individual so called on,
97. It shall be lawful for the survey officer to call upon all
holders of land and other persons interested by fideTand o^tn ^ t0 p f ",' * measurement or classi-
the meaauremont o r " catum of tbe \W tO which the survey ex- <'hs9ification of lands, tends by furnishing flAg-holders ; and in the event of a necessity for employing hired labour for this or other similar object, incidental to survey opera- tions, it shall be lawful to assess the cost thereof, with all con- tingent expenses on the lands surveyed, for collection as a revenue demand.
98. Except as hereinafter provided, no survey number com- , A prising Jand used for purposes of agriculture
TemSn S .ly *ll be made of W exten! than a extent minimum to be fixed from time to time for
the several classes of land in each district by the Commissioner of Survey, with the sanction of Government. A record of the minima so fixed shall be kept in the Mamlatdar's office in each taluka, and shall be open to the inspection of the pub- lic at reasonable times.
These provisions shall not apply to survey numbers which
have already been made of less extent thap . fche rainima 80 fixed> or which may i^ so
made under the authority of the Commis- siouer of Survey given either generally or in any particular in- stance in this behalf ; and any survey number separately recognized in the [a] land records [a] shall be deemed to have been autho- rizedly made whatever be its extent.
99. Repealed by Bom. Act IV of 19tt, s- 44.
1 00. Subject to rules [6] made in this behalf under section
214, the officer in charge of a survey shall
Officer in charge of a have authority to fix the assessment for land-
survey to 6* aseeesment* rev enue at his discretion on all lands within
the local operation of an order made under section 95 not wholly exempt from land revenue, and the amounts due according to such assessment shall, subject to the provisions of section 102, be levied on all such lands.
In fixing such assessment, regard shall
Regard to be had to be had to the requirements of the proviso to proviso to 9ection 52. 8ect ion 52.
\a
v ./I These words were substituted for the original words "survey records" by Bom. Act IV of 1913, s. 43.
[5] Words repealed by Bom Act IV of 1918, s 45, are omitted.
*8 THE BOMBAY LAND REVENUE CODE, 1879 [CHAP. VIII
But nothing in this section shall be deemed to prevent the
. survey officer aforesaid from determining and
Provl80t registering the proper full assessment on lands
wholly exempt from payment of land-revenue
or on lands especially excepted under section 95 from the survey
settlement, or from dividing all such lands to which the survey
extends into survey numbers.
101. The power to assess under the preceding section shall,
in the case of lands used for purposes of agri-
m^e'mayToriand or culture a l ne > indude P 0wer t0 . assess, on means of irrigation, whether directly on the land, or in the form &o. of a rate or cess upon the means of irrigation
in respect of which no rate is levied [a] under section 55 [A] or under the Bombay Irrigation Act, 1879 [6J, or in any. other manner whatsover that may be sanctioned by Government.
102. The assessment fixed by the officer in charge of a survey
shall not be levied without the sanction of Government. It shall be lawful for the GOV- sanction of Government eri *or Council to declare such assessments, Bat may be fixed, with with any modifications which he may deem or without modification, necessary, fixed for a term of years not ex-
by the Governor in cee di n g thirty in the case of lands used for OouQCil for a term of , 6 J f . . . .,
year8 . the purposes of agriculture alone, and not ex-
ceeding ninety-nine in the case of all other lands.
Note This section empowers the Governor-in-Council to fix the assessment for a term of years not exceeding thirty in the case of lands used for the purposes of agriculture alone, and not exceeding thirty-nine in the case of all other land*. When the amount of the assessment id thin fixed under a settlement for a number of yaars, the occupant can hold the land at the fixed as sesame at till the expiry of the period.
[c] 103. When the levy of the assessment fixed under sections 100 and 101 upon any land has been sane- Introduction of settle- tioncd under section 102, and notice of the ments ' same has been given in accordance with rules
made by the Governor in Council in this be- half, the settlement shall be deemed to have been introduced with respect to the lands of which the assessments have been sanctioned.
Note This section is subject to modification when applied to any village in the districts of of Eatnagiri and Kolaba to which the Khoti Settlement Act, 1880, extends (Vifa Bom. Act I of 1880, ss, 1 and 39).
fa] "levied" was substituted for "leviable" by Bom, Act VII of 1879, s. 2. [W] These words were inserted by Bom, Act VII of 1879, 8. 2.
[c] This section was substituted by Bom. Act IV of 1918, s. 46, for the original section.
BEOS 101*105] OF SUFVBYB. BTO. o* LAKD REVENUE 83
Conditions for starting resettlement. Two conditions are laid
down under this section to validate the introduction of a survey settlement, first the sanction under 9. 102 and second, the notice in accordance with the rales made by the Governor in Council. The departmental orders such as the one requiring fresh notice when the Government raises the rates proposed by the Settlement Officer have not the force of legislative settlement and their non-observacce does not invalidate the survey settlement. Gavaramsnt by its depirtanutal rules may make changes as to the collection of the revenue but tin Government resolutions which are not consistent with the Oode hive not the force of hw (Ewperor v. Ifore- shwar Janardhan, 30 Bom L. R. 1255).
104. In the year in the course of which a survey settlement,
whether original or revised, may be intro-
ttSS ^ und f the lt preceding section, the
in which a Survey Set- difference between the old and new assess-
tlement is introduced ; ment of all lands on which the latter may be
in excess of the former shall be remitted, and
the revised assessment shall be levied only from the next following
year.
In the year next following that in which any [a] original or [a] revised survey settlement has been introduced, ^fJl?Z y occupant who may be dissatisfied with resigned that year. e increased rate imposed by such new assess-
* ment on anv of the survey numbers [b] or sub-divisions of survey numbers [6] held by him shall, on resign- ing such number [6] or sub-division [6] in the manner prescribed by [c] section 74 [c] on or before the 51st March, receive a remis- sion of the increase so imposed.
jf ote The second para, of this section does not apply to any village in the districts of lUtnagiri and Kolaba to which th3 Khoti Settlement Act extends (Bom. Act I of 1880, &?. 1 and 39).'
Occupant. The term 'occupant 7 is subject to modification when applied to any estate in the district of Ahmedabad, Kaira, Broach or Panoh Mahals to which the Gujarat Talukdars' Act, 1888, extends (Vide Bom. Act VI of 1888, ss. 1 and 33).
105. The fixing of the assessment under the provisions of section 102 shall be strictly limited to the
j?js? Aim rrr of * ordi r y , i nd r enue ; and
limited to ordinary shall not operate as a bar to the levy of any
land-revenue. cess which it shall be lawful for the Governor
in Council to impose under the provisions of
[-a] These words were inserted by Act XVI of 1895. [b-b] These words were inserted by Bom IV of 1913, s. 47, . [c-cj These words and figures were substituted for the original words aud figures "sections 74 and 76" by Bom. Act IV of 1913, a. 47,
84 THK BOMBAY LAND REVEKUI: CODE, 1879 [ CHAP. VIII
any law for the time being in force for purposes of local improve- ment, such as school?, village, and district roads, bridges, tanks, wells, accommodation for travellers, and the like, or of any rate for the use of water which may be imposed under the provisions of section 55 [a] or of the Bombay Irrigation Act, 1879. [a]
106. It shall be lawful for the Governor in Council to direct,
at any time, a fresh revenue survey or any
Government may opera tion subsidiary thereto, but noenchance-
direct a fresh survey . * 4.111^1 / j. xii ii.
and revision of assess- ncent of assessment shall take effect till the
ment. expiration of the period previously fixed
under the provisions of section 10;'.
[b] Provided that when a general classification of the soil of any area has been made a second time, or when any original classi- fication of any area has been approved by the Governor in Council as final, no such classification shall be again made with a view to the revision of the assessment of such area.
Principles of revision. The revision of the settlement will depend en- tirely on changes in prices, including such local changes as result from improve- ment of communications and shifting of markets, although all indications of an in- crease or decrease in material wealth and general prosperity will be a guide as t o suitability of the old assessment (G. B. No. 7494, dated 12th October 1897. quoted in Sathe's Land-Revenue Code, 4th Ed , p. 198).
[c]107. In revising assessments of land-revenue regard shall be had to the value of land and , in the case of
Conditions applicable |ftnd d for tfc purposes of agr i cu lture, to to revisions of assess- . e i i
the profits of agriculture :
Provided that if any improvement has been effected in any land during the currency of any previous settlement made under this Act, or under Bombay Act 1 of 1865, [d] by or at the cost of the holder thereof, the increase in the value of such land or in the profit of cultivating the same, due to the said improvement, shall n< t be taken into account in fixing the revised assessment thereof.
"Value of land 7 '. The term "value of land" does not refer to the intrin- sic richness or quality of land. The vernacular equivalent of tl value" is not 'magdur" but "khnmat," t, ., price (Joglekar's Supplement No. 2 to his Land Revenue Code, p. 24).
[a-a] These words were added by Bom. Act VII of 1879, s. 2.
[b] This proviso was substituted for the original clause by Bom. Act IV of 188 1*, s. 1.
\c\ This section was substituted for the original section 107 by Bom. Act IV of 1886, s. 2.
[d] Bom. Act I of 1865 (except sections 37 and 38) is repealed by section 2 of this Act which has been repealed by Bom, Act IV of 1913, P. 5.
BJEOI, 106-111 ] Of SURVEYS, ICTO. OF
108. It shall be the duty of the survey officer, on the occasion of making or revising a settlement of land- e" wvenue, to prepare a register, to be called "the settlement Register," showing the area and assessment of each survey number, [a]
with any other particulars that may be prescribed [a] and other records, in accordance with such orders as may from time to time be made on this behalf by Government.
Records. The records to be prepared by the Survey Officers for future administration are (I) the village map, (2) the settlement register, and (3) the detailed record of each holding (botkhat) (G. R. No 4084, dated 2nd November 1868, quoted in Sathe's Land-Revenue Code, 4th ed. p 204).
Entry in the survey Settlement Officer's record, finality of. The Settlement Officer's record fixing the amount of rent payable to a Knot in respect of lands in the Kboti village, though prepared in the form of statement published at p. 584 of the "General Rules of the Revenue Department" (e'l.of 1893) and labelled "botkhat/' cannot be treated as a Survey Register under this section (Vaidkhant. Sakhya, 20 Bom. 729).
The decision of a survey officer determining: the tenure
on which a survey number is held is nob fiuil under the Khoti Act (Bom. Act I of 1880 and it can be reversed or modified by a competent Court (Antaji p. Antaji 21 Bom. 4*0).
109, 110. Repealed by Bom. Act IV of 1913, s. 49.
111. In the event of any alienated village or estate, coining under the temporary management of Govern- Keveuue managemanfc ment officers, it shall be lawful for the Col- SiwSSgVSS 1^ ^ let out the lands thereof, at rates eminent that may be determined by means of a survey settlement temporarily under Gov- or at such other fixed rates as he may deem ernment management. to be reasonable, and [l>] to grant unoccupied lands on lease [b] and otherwise to conduct the revenue management thereof under the rule* for the manage- ment of unalieaated lands, so far as such rules may be applicable, and for so long ai the said village or estate shall be under the management of Government officers : provided, however, that any written agreements relating to the land, made by the superior holder of such village or estate, shall not be affected by any pro* ceedings under this section in so far as they shall not operate to the detriment of the lawful claims of Government on the land.
Note. This section is subject to modification when applied to any estate in the districts of Ahmedabad, Kiira, Broach or Panch Mihals to which the Gujarat Talnkdars' Act, 1888, extends (Vide Bom. Act VI of 1888, ss. 1 and 33).
[a-fl] These words were substituted for the original words 'together with the name of the registered occupant of such survey number 77 by Bom. Act IV of 1913 s. 48.
[ft b\ These words were substituted for the original words "fco sell the occn pancy of unoccupied lands by auction" by Bom. IV of 1913, i. 60,
8* THE BOMBAY LIXD REVENUE CODE, 1879 [Oiur. VJll
Powers of Talukdari Settlement Officer. A Government Officer
in the temporary management of a talukdar's estate has, under 9. 33 of the Gujrat Talukdars* Act, the same powers which ths Collector has in an alienated village, to recover arrears of revenue inclusive of rent (Jinnbhai v. The Collector, 28 Bom. L. R. 417).
112. Existing survey settlements of land-revenue made, ^ . . . . approved and confirmed under the authority
Maintenance of exist- c \^ n n *i i n L j
ing settlements of land * t " e Governor l & Council shall be, and are revenue. hereby declared to be, in force subject to the
provisions of this Act.
[a] 113. Expenses properly incurred in making partition of
estates paying revenue to Government shall
Partition. b e recoverable as a revenue demand in such
proportions as the Collector may think fit
from the sharers at whose request the partition is made, or from
the persons interested in the partition.
Note. Vide the first note under s. Ill supra.
Scale Of Bhatta (Allowance). The scale, according to which daily allowance is to be allowed to persons entrusted with the partition, actually on tour is as follows :
RS.A. *.
(a) A Government servant of tita first grade ... 6 8
(b) A Government servant of the second grade on pay
(i) Up to Rs. 250 ... ... ... 240
(is*) Above Rs. 250 up to Rs. 300 ... ... 2 12
(m) Above Rs. 300 up to Rs. 350 ... ... 3 2
(to) Above Rs. 350 up to Rs. 400 ... ... 3 8
(9) Above Rs. 400 up to Rs. 450 ... ... 400
(vi) Above Rs. 450 up to Rs. 750 ... ... 4 8
(c) A Government servant of the third grade on pay
(t) Up to Rs. 50 ... ... ... 080
(it) Above Rs. 50 up to Rs. 75 ... ... 12
(m) Above Rs. 7 5 up to Rs. 100 ... ... 1
(to) Above Rs. 100 up to Rs. 125 ... ... 1 4
(9) Above Rs. 125 up to Rs. 150 ... ... 1 8
(w) Above Rs. 150 up to Rs. 175 ... ... 1 12
(vij) Above Rs. 175 up to R3. 199 ... ... 2
(d) A Government servant of the fourth grade ... 3
( Bombay Civil Services Mules Manual, 1932, p. 129).
Deoree for partition not properly executed if a portion of
the decree is not properly executed by fche Collector, the re-adjustment of the orders can be ordered (Ramchandra v, Krishnuji, 40 Bom. 118).
OiVil Court cannot reopen partition. When the Collector, acting nnder s. 54 of the Civil Procedure Code, 1908, once effects a partition, it is not competent to the Civil Court to entertain any application seeking to reopen the partition (BMmangatda v Hanmant, 20 iiom. L R. 411 s. c. 42 Bom. 689).
[a] This section was substituted by Bom. Act IV of 1913, 8. 51, for the original section.
BEOB. 112-llYA J OF SUHVEW, ETC. or LiND lUvEtftfU #7
114. Whenever any one or more co-shares in a khoti estate,
into which a revenue survey has been Intro-
Partition of certain fluced, [a] or in a talukdari estate [a], con-
ITn^nS^^K / sent to a partition of the said estate, it shall
on application by CD- . , f ^ . ~ n . ' ,
sharers. be lawful for the Collector, or for any other
officer duly empowered by him in this behalf, [&] to divide the said estate into shares according to the respective rights of the co-sharers, and to allot such shares to the co-sharers:
Provided that no such partition shall be made, unless :
(a) all the co-sharers are agreed as to the extent of their respective rights in estate, and
(6) the assessment of the share or shares of the sharer or sharers consenting to such partition exceeds one-half of the assess- ment of the entire estate.
In such cases the expenses of partition shall be recovered [c] as a revenue demand [c] from all the co-sharers in the estate divided.
115. Repealed by Bam. Act TV of 19 13, s. 53.
[</] 116. When any portion of cultivable land is permitted to
be used under the provisions of section 65 or
nuSSTnto^e^r 67 * ? non- a gricultural purpose or when
vey numbers. an 7 portion ot land is specially assigned
under section 38, or when any assessment is
altered or levied on any portion of land under sub-section ( 2) or sub-section (3 ) of section 48, such portion may, with the sanction of the Collector, be made into a separate number at any time not- withstanding the provisions of section 98.
Note. This section does not apply to any estate in the districts of Ahmedabad, Kaira, Broach or Paueh Mahahala to which tho Gojarat Talukdars' Act, 1888, extends (Vide Bom. Act VI of 1888, ss. 1 and 33).
117. Nothing in section [e] 116 shall
Bombay Act V of a ff ec t the provisions of Bombay Act V of 1862 not affected. 1862.
[/] U7A. (1) Survey numbers may from time to time and at any time be divided into so many sub-
u
8 i uua% quisition of rights in land or for any other
reason.
[a ol These words are repealed in the districts of Ahmedabad, Kaira, Broach and the Panch Mahals by Bom. Act. VI of 1888 7 s. 3.
(b) Words repealed by Bom. Act IV of 1913, s. 52, are omitted.
[c c] These words were substituted for the original words Bunder rule (S ) of the last preceding section" by Bora. Act IV of 1913, s. 52.
[d\ This section was substituted by Bom. Act IV of 1013, s. 54, for the original section,
[e\ Words repealed by Bom. Act IV of 1913, s. 55, are omitted.
I/] Tills section was inserted by Bom. Act IV of 1913 ; 3. 56,
88 THE BOMBAY LAND REVENUE OODB, 18?9 [CHAP. iX
(2) The division o survey numbers into sub-divisions and the fixing of the assessment of the sub-divisions shall be carried out and from time to time revised in accordance with rules made by the Governor in Council in this behalf :
Provided that the total amount of the asssessment of any sur- vey number or sub-division shall not be enhanced during any term for which such assessment may have been fixed under section 102, unles such assessment is liable to alteration under section 48.
(3) The area and assessment of such sub-divisions shall be entered in such land records as the Governor in Council may pre- scribe in this behalf.
[a] 117B. If any sub-division of a survey number is relirr-
quiahed under section 74 or is forfeited for
on^Ih Cab or Default in payment of land revenue, the Ool-
forfeiture of a sub divi- lecfcor 8 " a ^ otter 8UC sub-division at suck
aion. price as he may consider it to be worth to the
occupants of the other sub-divisions of the
same survey number in such order aa in his discretion he may think
fit ; in the event of all such occupants refusing the same, it shall be
disposed of as the Collector shall deem fit :
Provided that until the said sub-division shall be occupied or until the entire survey number shall be relinquished, whichever event may first occur, the assessment of the said sub-division shall be levied from the occupants of the other sub-divisions of the sur- vey number in proportion to the amount of assessment due from such occupants on account of their sub-divisions.
For the purposes o this section notwithstanding anything con- tained in section 3, if any of the other sub-divisions have been mortgaged with possession, the mortgagors shall be deemed to be the occupants thereof.
Occupant. The term * occupant' is subject to modification when applied to any estate in the districts of Ahmedabad, Kaira, Broach and Panch Mahals to which the Gujarat Talukdars' Act, 1888, extends (Vide Bom, Act VI of 1888, as. 1 and 33;.
CHAPTER IX
THE SETTLEMENT OP BOUNDARIES AND THE CONSTRUCTION AND ^ MAINTENANCE OF BOUNDARY-MARKS
118. Tho boundaries of villages situated in British territory shall be fixed* and all disputes relating there- Determination of vil- to shall be determined by survey officers, or Inge boundaries, by ^ ^ Q1C O fg cerg as may ^ nominated by
Government for the purpose, who shall be guided by the following rules :
[a] This section was inserted by Bom Act IV of 1913, 8. 56.
SBOI. 117B-118] THE SETTLEMENT OF BOUNDARIES Ac., 89
"Rule L When the patels and other village officers of any two __, . . or more adjoining villages, and, in the ease
.alttuJb^r of - fenated village the holder thereof or m , mfc . ' his duly constituted agent, shall voluntarily
agree to any given line of boundary as the boundary common to their respective villages, the officer determin- ing the boundary shall require the said parties to execute an agree- ment to that effect, and shall then mark off the boundary in the manner agreed upon. And any village boundary fixed in this manner shall be held to be finally settled, unless it shall appear to the said officer that the agreement has been obtained by fraud, intimidation, or any other illegal means.
Rule 2. If the patels and other village officers, and, in the case of an alienated village, the holder there- Procedure in case of O f O r his duly constituted agent, do not disagreement or di 8 pute. a g ree to g x the boundaries of their respective villages, in the manner prescribed in the
preceding rule, or if it shall appear to the said officer that the agreement has been obtained by fraud, intimidation, or any other illegal means, or if there be any pending dispute, the said officer shall make a survey and plan of the ground in dispute, exhibiting the land claimed by the contending parties, and all particulars relating thereto, and shall hold a formal inquiry into the claims of tUe said parties, and thereafter make an award in the case. If cither of the villages concerned be alienated, an award made by a survey officer shall, unless the officer making it be the Superin- tendent of Survey, be subject to his confirmation, and an award made by any other officer shall be subject to confirmation by such other officer as Government may nominate for the purpose.
Note. This section id subject to modification when applied to any village in the districts of Ratnagiri nnd Kolaba to which the Khoti Settlement Act extends (fiVfr Bom Act I of 1880, 99. 1 and 30).
The jurisdiction Of a Civil Oourt is not ousted by s. 4 (g) of Act X of 1876, in caso of a dispute as to the position of the boundary line between two survey numbers aa laid down by the survey authorities, the defendant alleging that the boundary marks were changed, the plaintiffs alleging that they are in their right direction (Bala t>. Nant, P. <T. 1898, p. 41).
(/OUrt has no power to flX boundaries. When the assistance of the Court, id sought for the purpose of ascertaining the boundaries, which the plaintiff himself is unable to point out by reason of some confusion in them, and to recover possession, when thoao boundaries have been ascertained by the Court, it was held, that the Oourt has no power to fix the boundaries of legal estates, unless some equity ia superinduced by the act of the parties as some particular circumstance of fraud or confusion (Kavasji v* Hormusji, 29 Bom, 73).
M THE BOM.UAF LAJ> U.EV.RNUK COUE, 1879 [ OHAP. IX
119. If, at the time of a survey, the boundary of a field or
holding be undisputed, and its correctness be
Determination of field affirmed by the village officers then present,
boundaries, ;t may be j ai( j down ag pointe( j out by the
holder or person in occupation, and, if dis- puted, or if the said holder or person in occupation he not present, it shall be fixed by the survey officer according to the [a] land record [a] and according to occupation as ascertained from the village officers and the holders of adjoining laads, or on such other evidence or information as the survey officer may be able to procure.
If any dispute arise concerning the boundary of a field or holding which has not been surveyed, or if at any time [/>J after the completion of a survey [/>] a dispute arise concerning the boundary of any survey number, [cj or sub-division of a survey number, [r] it shall be determined by the Collector, who shall be guided [d] by the land records [d] if they afford satisfactory evi- dence of the boundary previously fixed, and if not, by such other evidence as he may be able to procure.
Notes. Vide the first note under the preceding section. Sections 119, 120 and 121 of tbe Oode are primarily meant for the purposes of the Survey Settlement of the boundary marks as between the Government on the one hand and the occnpancy tenants on the other ( Kanhailal v. Ismaitthai, 28 Bom, L. R. 1498).
What IS 'dispute. 'The word 'dispute' in the second part of this section means a dispute between two neighbouring owners and not a dispute bet- ween the Collector and the owner. Where a dispute arose between the plaintiff and the Collector as to whether the formor had cnt the trees from the Government land in front of his land and in the course of that dispute the Collector suo motu wont into the question of boundary between the land of the plaintiff and that of his neighbour and later on ordered the correction of ths revenue records on the baaU r A the enquiry, and the plaintiff sutaequeuly sued for ths declaration of his title to certain strip of land which he had been ordered to give up by the Collector, it was held that there was no snch dispute as is necessary for the application of this section and that the question of the plaintiff's title to the land could be gone into in the later suit (Malkarjumppa v. Anandrao, 53 Bom. 76G).
120. 1 the several parties concerned in a boundary dispute
agree to submit the settlement thereof to an dary 6 di^uitea by arbil arbitrati n committee, and make application tration. " t( > that effect in writing, the officer whose
duty it would otherwise be to determine the
\a-a\ These words were substituted for the original words "Village records" by Bom. Act IV of 1913, s. 57.
|i-$] These words were sub9tituted for the original words "after the survey records have been handed over to the Collector" by Bom. Act IV of 1913, s, 57.
[c-c] There words were inserted by Bom. Act IV of 1 913, s. 57.
[d-d | These words were substituted for the original words ''in the case of survey numbers by the survey records" by Bom Act IV of 1913, s. 57.
SECS, 119-121] THE SBTTLEMENT OF BOUNDARIES &c. 91
boundary shall require the said parties to nominate a committee of not leas than three persons, within a specified time, and if within a period to be fixed by the said officer the committee so nominated or a majority of the members thereof arrive at a derision, such decision, when confirmed by the said officer, or if the said officer he a survey officer lower in rank than u Superintendent of S'irvey, by the Superintendent of Survey, shall be final :
Provided that the said officer, or the Superintendent of Survey, shall have power to remit the award, or any o the matters referred to arbitration, to the reconsideration ot the same committee., for any of the causes set forth in paragraph 14 of the Second Schedule to the Code of Civil Procedure, 1908. If the committee appointed in the manner aforesaid fail to effect a settlement of the dispute within the
If arbitration fail, u spec ifi ed it sha H be the duty of the offi- survey officer to settle - r j i i < i -i <Z
depute. cer a f resaic j unless he or, if the said officer
is a survey officer lower in rank than a Superintendent of Survey, the Superintendent of Survey, see fit to extend the time, to settle the same as otherwise provided in this Act. Para. 14 of the 2nd Schedule to the Code of Civil Procedure.-
The Court may remit the award or any mattjr referred to arbitration to ttre re- consideration of the same arbitrator or umpire, upon such terms as it thinks fit:
(a) when the award has left uudetermiaed any of the matters referred to arbitration, or where it determines any matter not referred to arbitration, unless such matter can be separated without affecting tho determination of the matters referred ;
(b) where tho aw.:rd is so indefinite as to be incapable of execution ;
(r) where an objection to the legality of the award is apparent upon the face of it.
Effect of the settle- W 12L [ Th * wttlement of a boundary ment of a boundary. under any of the foregoing provisions of this chapter saall be determinative :
(a) of the proper position of the boundary line or boundary marks, and
(/)) of the rights of the landholders on either side of the boun- dary fixed in respect of the land adjudged to appertain, cr not to appertain, to their respective holdings.
[b] ('2) Where a boundary has been so fixed, the Collector may at any time summarily evict any landholder who is wrongfully in possession of any land which has been adjudged in the settlement of a boundary not to appertain to his holding or to the holding of any person through or under whom he claims.
[a) This section was numbered eub-section (I; of this section by Bom Act IV of 1913, a. 59.
[1] This pub-section was added by Bom. Act IV of 1913, s. 59.
92 THE BOMBAY LAND REVENUE CODE, 1879 [ OHAP. IX
^Determinative." When there is a settlement of boundaries under 8.119, the word determinative' in this section maaiH conclusive a? to the legal rights of the adjoining holders (Lakshman v. Nar.iyan, P. J. 1890, p. 11).
Settlement of boundary dispute by Collector. This section
must be read along with sections 119 and 120 of this Code. It is only when a boundary dispute arise between tbe owners o$ adjoining lands, and the Collector is caltei upon to determine the dispute, that his determination becomes final under this section so as to oust the jurisdiction of the Oivi! Court (Lafahman v. Antaji, 25 Bom. 312).
Decisions of revenue ofHoers as to boundaries are final.
In 1887 a dispute arose between plaintiffs and dcfeulant as to boundaries of cer- tain land, being survey Nos. 88 and 87, of which the plaintiffs and the defendant were respectively occupants under Government. In 1879 the boundaries were fixed by a revenue officer under the orders of the Collector and the pie^e of land in dis- pute was found to belong to the plaintiffs as oocupinta of Surrey No. 88. Sub- sequently the defendant having encroached upon it and dispossessed the plaintiffs the present suit was filed. The Court of first instance awarded plaintiffs' cliioa, hold- ing that the decision by the revenue officer was conclusive as to the bound iry. The defendant applied, and the lower Appellate Court reversed the lower Court's decree. On appeal by the plaintiffs to the High Court, held, that under the provisions of this section the decision of the Collector as to boundaries was conclusive and that the plaintiffs were entitled to possession (Bai . Valji, 10 Bom 456).
Jurisdiction Of Civil Court. This section presents no bar to the cognizance of a suit by a Civil Court, to reconsider an order passed by a Survey Officer as to the site of some of the lands which does not involve any question of boundary line between two villages (Narsangji v. Bai Achrat, 26 Bom. L.B. 1264). The Civil Court has jurisdiction to entertain a suit foraettlemant of bDundiries of fields, where subsequent to the filing of the suit the boundaries hive bean deter- mined by revenue officers (Kanhailal v. hmailbhai, 28 Bom L.R. 1498).
The settlement of a boundary by the Collector under this section d:>e* no more than establish where the boundary line lies, and the owners of the rosnec- tive survey numbers are prima facij entitled to their property according to the boundary lines. But the Collector's decision does not prevent one of the disputing parties from filing a suit in the Civil Court on the ground that ho ha3 acquired a portion of his neighbour's survey number by adverse possession (Bhaga Mo/i'/t t>. Dorabji Sorabji, 43 Bom. 67).
Boundaries fixed by the Collector. The fixing of boundaries, by the Collector, of survey numbers under this section, has the same effect merely of nbowing what lands belong to the persona in whose names the survey numbers are registered. It does not affect the right of any one of those persons to show in a Civil Court that he has acquired a title by adverse possession against a registered occupant (NLanak v. Narayan, 22 Bom. Li B. 114, foot-note).
Settlement Of boundary. It is the duty of the enquiry officer, unier this section, to settle the boundary between the lands of adjoining Louse owners, which can ordinarily be by means of a line drawn on a pUn, and that line, accord- ing to the provisions of this section, is determinative of the right* of the land- holders on either side of the boundary so fixed. But it is not determinative of any rights which the holder of one number can claim to exercise over thd laud be-
Sacs 121-122 J SE-ITLFMENT OF BOUNDARIES &c 93
longing to the holder of the adjoining number. This soctien does not give jurisdic- tion to the enquiry officer to decide, e g>, that a broad strip of land lying between two numbers is common to both the adjoining owners. This section applies to agricultural lands as also to the survey of land in a town (Gantsh v. Ramchandra, *3 Bom. L. B. 1209)
It shall be lawful for any survey officer, authorized by a Superintendent of Survey, or Settlement offi- :; *" W -Pecifj or cause to be constructed, of survey numbers and Iald out, maintained or repaired [/ij, bound- villages, ary-inurks of villages or survey numbers [/>] or sub-divisions of survey numbers [A]
whether cultivated or uncultivated, and to assess all charges in- curred thereby on the holders or other* having an interest therein. Such officer may require landholders to construct, [(/] lay out, maintain [c] or repair their boundary-marks, Requisition on land fa notification which shall be posted in the holder* to erect or re- / ,. . , ,. , \ .,.
pair boundary-marks chavdi or other public place in the village, to which the lands under survey belong, direct- ing the holders of survey numbers [b] or sab-divisions (7/J, to con- struct, [c] lay out, maintain [c] or repair, within a specified time, the boundary-marks of their respective survey numbers [a] or sub- divisions [a] and on their failure to comply with the requisition so made, the survey officer shall then construct [<?], lay out [c] or re- pair them and assess all charges incurred thereby as hereicbefore provided.
A general notification, issued in the manner aforesaid, shall
be held to be good and sufficient notice to
A general notification , d having any interest in
to be good and euffici- J \ r , n .- 7 1 ... r -,
ent notice of requisition j survey numbers [a] or sub-divisions [a] within the limits of the lands to which the survey extends.
[d] The boundary-marks shall be of such description, and
shall be constructed, laid out, maintained or
[Description of bound- repaired in such manner and shall be of such
ary marks. dimensions and materials as may, subject to
rules [ e ] made in this behalf under section
214, be determined by the Superintendent of purvey, according to
the requirements of soil and climate.
Note Unless unploughed boundary strips are declared as boundary marks by the Survey Officer or the Collector, the landholders will not bo responsible to
|fl ) These words were substituted for the original words by Bom. Act VI of 1901 s. 14 (1).
[b 6] There words were inserted by Bom. A.ot IV of 1913, s. 60 (a).
[c-c] These words were inserted by Bom. Act VI of 1901, s. 14 (2).
[d] This paragraph was substituted for the original paragraph by Bom Act Viol 1901,8. 14 (3).
[ c ] Words repealed by Bom. Act IV of 1913, s. 60, (b) arc omitted.
W TUB BotoAV LAMD RKVEHUIS OoDlfi, 1879 [ OHAf. IX
maintain or keep such marks in good repair (G, R. No. L. 0. 1831, dated 11-9- 1925 quoted in Joglckar's Supplement No. 2 to his Land Revenue Oode, p. 26).
123. Evc j ry landholder shall be responsible for the mainten-
ance and good repair of the boundary-marks iJSSftftS^U of his holding, and for any charges reason- ary marks. ft blj incurred on account ot the same by the
revenue officers in cases of alteration, removal or disrepair. It shall be the duty of the village officers and ser- vants to prevent the destruction or unauthorized alteration of the village boundary-insrks.
Notes. This section is subject to modification when applied to any village in the Districts of Ratnagiri and Kolaba to which the Khoti Settlement Act extends (Vide Bom Act. I of 1880, bs. 1 and 9).
The charges shall be levied under the provisions of this Oode relating to realization of land-revenue (See s. 187 post)
124. When the survey settlement shall have been introduced
into a district, the charge of the boundary- Collector to havo marks shall devolve on the Collector, and it charge of boundary- shall be h j s dut to take measures f or t h e ir marks after introduc- r -, . J . r -, .
tion of the Survey Set- M construction, laying out [a], mamten- tlement. ance and repair, and for this purpose the
powers conferred on survey officers by sec- tion 122 shall vest in him.
Ifote Sections 122-124 relating to boundary marks apply to aft talukdari villages in which the duty of keeping boundary marks in order devolves on land- lords (talukdara.) If they fail they are liable to make good reasonable expenses incurred by Revenue Officers in repairing or replacing these marks. But a Col- lector as such is not a Revenue Officer for the purpose of section 124 in a taluk- dari village as a survey settlement is not introduced in a talukdari village. The Collectors of Ahmedabad, Kaira, Panch Mahals and Broach have aciordingly been appointed Superintendents of Survey for all talukdari villages in their districts for the purpose of enabling them to act under ss 122 and I 23 (G.R. No. 7642-*2 1, dated 24-4-1928).
125. Any person convicted after a summary inquiry before
the Collector, or before a survey officer, Mam- Penalty for injuriug latdar or Mahalfcari, of wilfully erasing, re- boundary marks. moving or injuring a boundary-mark, shall be liable to a fine not exceeding fifty rupees for each n ark so erased, removed or injured.
One-half of every fine imposed under this section may be awarded by the officer imposing it to the informer, if any, and the Other half shall be chargeable with the cost of restoring the mark. Boundaries and boundary-marks Jurisdiction. Boundaries
and boundary marks are dealt with in Chap. IX, and penalties for injuring boun- dary-marks, are specially provided by this section, wiiich gives no jurisdiction to Magistrates (trap pa, 13 Bom. 291).
[oj These words were inserted by Bom. Act YI of 1901, s. 16.
Sacs 126*128 ] OF LANDS WITHIN THE SITES ov VILLAGES, &o. 05
CHAPTER X
OP LANDS WITHIN THE SITES OF VILLAGES, TOWNS AND CITIES, . It shall be lawful for the Collector, or for a survey officer, acting under the general or special Yi fownf'anl Orderfl of Government, to determine what
cities how to be fixed. lands are included within the site of any village, town, or city, and to fix, and from time to time to time to vary the limits of the same, respect being had to all subsisting rights of landholders.
"Site." The expression "site" occurring in this section meang "gaothan" and
not the total periphery of all the village land (G. O. No. 1684, dated 27th June
1921, quoted in Joglekar's Supplement No. 2, to his Land Revenue Oode, p. 26).
127. Act XI of 1852 and Bombay Acts II and VII of 1863,
shall be deemed t<> be applicable, and to have
Vlf of 1863 1 how a far a * wa y a been applicable, in the territories to
applicable to lands in which they ^respectively extend, to all lands
such sites. within the limits of the site of any town or
city in which an inquiry into titles has been
made under the provisions of Bombay Act IV of 1868 [aj which have been hitherto ordinarily used for agricultural purposes only ; but the provisions of the said Acts shall not be deemed applicable to any other lands within the limits of the site of any such town or city.
Notefs. Sees. 127 to 136 (both inclusive) do not apply to any e3tate in the districts of Ahmed abad, Kaira, Broach or Panch Mahals to which the Gujarat Talukdars' Act extends (See Bom. Act VI of 1885, ss. 1 and 33).
Act XI of 1852 goes by the name of Titles to Rent-Free Lands Act, Bora- bay Act No. II of 1863, by the name of Exemptions from land-revenue in terri- tories subject to A ct 2T[ of 185*2 and Bom. Act VII of 186:3, Exemptions from land-revenue in teritories not subject to Act XI of 1852.
[/?] 128. The existing exemption from payment of land-re- venue of lands other than lands which have Existing exemption hitherto been ordinarily used for purposes of when to be continued a g r i cu i lure only, situate within the sites of in case of certain lauds ^ j * u*u x.
in towns and cities in towus and cities in which an inquiry into which Bom. Act IV of titles has been made under the provisions of 1^68 has been in opera- Bombay Act LV of 186 S, [b] shall be con- tion - tinued ;
1st. If such lands are situated in any town or city where there has been in former years a survey which Government recognize for the purpose of this section, and are shown in the maps or other re- cords of such survey as being held wholly or partially exempt from the payment of land-revenue ;
[aj Bom. Act IV of 1868 is repealed by section 2 of this Act, which has been repealed by Bom. Aot IV of 1913, s. 5.
[b-b] Aa to the local repeal of section 128, see para. 3 of foot-note [a] on p, 1, supra. 13
M THK BOMBAY LAito RavMtJE CODE, 1670 [ OHA*. X
2nd. if such lands have been held wholly or partially exempt from the payment of land revenue for a period of not less than five years before the application of Bombay Act 1 of 1865, [a] or IV of 18o8 [A] to such town or city ;
3rd if such lands, for whatever period held, have been held wholly or partially exempt from payment of land revenue under a deed uf grant or of confirmation issued by an officer whom Govern- ment recognize as having been competent to issue such deed.
M 129- (1) Claims to exemption under
the Ia8t P recedin S section shal1 be Determined Collector. by the Collector after a summary inquiry,
and his decision' shall be final.
[d] (2) Any suit instituted in a Civil Court to set aside any order passed by the Collector under sub-section (1), in respect of any land situate within the site of a village, town or city, shall be dismissed (although limitation has not been set up as a defence) i it has not been instituted within one year from the date of the order.
fc] 130. In towns and cities to which section 128 applies, the holders of any lands other than lauds Occupancy price pay- w hich have hitherto been used for purposes
, id b I "Li: o W? only which have been an- cases. authorizedly occupied for a period commenc-
ing less than two years before Bombay Act I of 1865 [a] or IV of 1868 [ I ] was applied to the town or city in which the said lands are situate, shall be liable to pay [e] a price for the said lands [e] in addition to the land revenue assessed thereupon.
The said [/"Iprice shall be determined according to the pro- visions of section 62.
[a] Bom. Act I of 1865 (except sections 37 and 38) is repealed by 0. 2 of this Act, which has been repealed by Bom. Act IV 1913, B. 5.
[b] Bom. Act IV of 1868 is repealed by section 2 of this Act, which has been repealed by Bom. Act IV of 1913, s. 5.
[c] As to the local repeal of sections 129 to 181, see para. 3 of foot-note [a] on p. 1, supra.
[d-dj This sab-section was added by Bom. Act XI of 1912, s. 2, which also enacted that the original section 129 should be numbered sub-section (1) oi section 129.
[e-a] These words were snbstitoted for the original words "the price of the occupancy of the said lands" by Bom. Act IV of 1913, 0. 61.
\f] This word was fubstituttd for the original words "occupancy price" b; Bom, Act IV of 1913, e. 61.
BEOS. 129*133] OF LINDS WITHCH THE Srisa OP VILLAGES, &o. 07
131. If the Governor in Council shall at any time deem it
expedient to direct a survey of the lands
Survey of lands in Qther than A uge( j opdinar il y f or fa pUN suflh sites how to be f . . , ... , J ,, ., r *
conducted. P ses * agriculture only within the site of
any village, town, or city, under the provi- sions of section 95, or a fresh survey thereof under the provisions of section 106, such survey shall be conducted, and all its opera- tions shall be regulated, according to the provisions o Chapters VIII and IX of this Act : Provided that nothing contained in Proviso. sections 96, 97, 101, (a] 104, or 118 thereof
shall be considered applicable to any such survey in any town or city containing more than two thousand inhabitants.
[ft) 132. When a survey is extended under the provisions of
the last preceding section to the site of any
Tn certain cases a toWQ or cit conta ining more than two thou-
survey-feetobe cbarg- gand inhabi J tant8f each ho l der O f a building- site shall ba liable to the payment of a survey fee to be assessed by the Collector under such rules as may be prescribed in this behalf from time to time by Government, pro- vided that the said fee shall in no case exceed fcj ten rupees for each building site or any portion thereof held separately [t'J. The said survey-fee shall be payable within six months from the date of a public notice to be given in this behalf by the Collector after the completion of the survey of the site of the town or city, or of such part thereof as the notice shall refer to.
M
0) 133. Every holder of a building-site as aforesaid shall be
entitled, after payment of the said survey-fee,
Sanad to be granted to receive From the Collector without extra
without extra charge. charge one or more sanads, in the form of
Schedule H, f/J or to the like effect [/']
specifying by plan and description the extent and conditions of his
holding :
Provided that if such holder do not apply for such nanad or P rov i 80 . sanads at the time of payment of the survey-
fee or thereafter within six months from the
[a] Figures repealed by Bom. Act IV of 1013, 9. 62, are omitted.
[rtJAstothe local repeal of section 132, see para. 3 of foot-note [a] on p 1, supta.
[c<*\ These words were substituted for the original words "rupees five for eaoh survey number" by Bom. IV of 1913, s. OS ]a]
[d] The third paragraph of section 132 repealed by Bom. Act IV of 1913, s. 63 (#), is omitted.
[e\ As to the local repeal of section IS; 1 ), see para. 3 of foot-note [a] on p. 1, supra*
[/-/] Those words were inserted by Bom. Act IV of 1913, s. 64.
W THE BOMBAY LAHD KKVJBNUJI CODE, 1B79 (OHAF. X
date of the public notice issued by the Collector under the last pre- ceding section, the Collector may require him to pay an additional fee not exceeding one rupee for each sanad.
Every such sanad shall be executed on behalf of the Secretary of State for India in C3uncil by such officer as may from time to time be lawfully empowered to execute the same.
Sanad, a document Of title- An entry in the Collector's books that a certain person is the occupant and liable to pay revenue does not afford much evidence of title. A sanad given under this section, after due enquiry, in the form in Schedule H, ia itself a document of title (Ulawappa v. Gadigewa, 21 Bom. L. B. 948).
Inferior and superior holders entitled to get sanads Both
inferior as well as superior holders are entitled to get sanads in respect of building sites in city surveyed areas provided the requisite survey fees are paid. Sanads in the form appended to G. R. No, 2307-24, dated 8th June 1925, should there- lore be granted, on application (and not otherwise), to the tenants of all munici- palities. The same form should be used with suitable modifications in the case of other tenants (G. Bs. Nos. 2307-24, dated 8-5-1925, 10-8-1926 and 6-5-1929). [a] 134. If auy land within the site of any village, town, or
city, hitherto ordinarily used for agricultural Assessment of land? purposes only, with respect to which a sum- hitherto used for pur- r r A xi ^ i v j i. *. r\ pose of agriculture only mar y settlement has been made between Gov- used for other purposes, ernment and the holder under the provisions
of any law for the time being in force, be f6j used for [6] any other purposes, it shall be liable to payment of one-eighth of the rate fixed for unalienated land used for similar purposes in the same locality, in addition to the quit-rent payable under the terms of such summary settlement.
Applioati on Of the Section. In the absence of a specific condition precluding the levy of non-agricultural assessment, the summary settlement sanads, which must be read with section 45, do not debar Government from using this section. The section applies to all lands which have been summarily settled and are within the site of any village, town or city at the time when such lands are converted to non-agricultural use. The section is not applicable to a summary settled piece of land which is used for non-agricultural purposes while it is out- side the gaothan and is subsequently included in the gaothan area under section 126 (G.R No L. 0. 3686, dated 7-1-1931 and G, M. No. L. 0. 3686-B, dated 3-8-1931, quoted in Correction Slips to Joglekar's Land Revenue Code).
Judi OP quit rent. Under this section judi or quit rent cannot be in- creased in respect of those inam lands settled under the Summary Settlement Act, which are not affected by the provisions of section 127 (G. E. No. 4 GOO, dated 3-5-1922).
135. Repealed by Bom. Act XI of 1912, s. 3.
[a] As to the local repeal of section 134, see para. 3 of foot-note [a] on p. I, supra.
I WJ These words were substituted for the original words "appropriated to" by Bom. Act IV of 1913 ; s, 65.
Saw. 134-135 B] OF THE REOOBD OF RIGHTS 99
[a] CHAPTER X-A.
OF THE RECORD OF RIGHTS
Note Chapter X-A. applies also to alienated villages* Government is, there- fore, entitled to maintain the Record of Rights in alienated villages without the consent of the Inamdar (Raghiwndra v. Secretary of Stat ,-, 28 Bom. L. R 559).
135A. The Governor in Council m^y, by notification in the
Bombay Government Gazette, direct that this
Exemption from pro- chapter, or any specified provisions thereof,
vi8ions of this chapter. sha ]l n0t be in f orce ia any 8p8C ified local
area, or with reference to any lands or any class o villages or lands, or generally.
135B. (I) A record of rights shall be maintained in every The record of rights, village and such record shall include the fol- lowing particulars :
(a) the names of all persons (other than tenants) who are holders, occupants, owners or mortgagees o the land or assignees of the rent or revenue thereof ;
(6) the nature and extent of the respective interests of such persons and the conditions or liabilities (if any) attaching thereto;
(c) the rent or revenue (if any) payable by or to any of such persons ;
(d) such other particulars as the Governor in Council may prescribe by rules made in this behalf.
(2) Provided that the said particulars shall be entered in the record of rights with respect to parpetual tenancies, aid aho with respect to tenancies of any other classes to which the Governor in Council may, by notification in the Bombay Government Gazette, direct that the provision? of this section shall apply in any local area or generally.
The Record of Rights Its Origin. The subject of the Record of Bights was first mooted by the Government of India in their letter 2770-369, dated 6-12-97 and it was intended purely for Settlement purposes. In April 1898 orders to make experiments were received. The first draft was prepared by fcttr J. W. P. Muir Mackenzie, and the experiments were carried out in 1899 by Messrs. A. B. Forde, F. B. Young, H, B. Sathe. The first Act was passed in 1903 (IV of 1903% but this was repealed and incorporated in the Land Revenue Code of 1913. Ihe Record has now also becom9 the basis of the accounts of liabi- lity to pay land revenue : and abo of the audit of alienations of land revenue. The first Act extended to all lands except those excluded by G. Rs. Nos. 263 and 3653 of 1904. It was extended to all Bharakati villages in G.R. No. 2568 of 1909, and to surveyed inam villages, even if the period of settlement has expired, except tbose in Ratnagiri by G. R No. 288 of 1913. All revenue survey numbers or parts thereof used for non-agricultural purposes within municipal limits are brought under the Act by G.R. No. 11581 of 1913 and agricultural lands in vari-
[a] This chapter was inserted by Bom. Act IV of 1913, a, 66.
100 THE BOMBAY LAND REVEKUE CODE, 1879 [ OSAP. X-A
OUB Municipalities by several notifications. AH whole vanta villagees, and vanta blocks in Government villages, were excluded by GK R. No. 5668 of 1911. Bab in Broach and Kaira those summarily settled are now decided not to be "Talukdari Estates" and, therefore, come under the Resord of Eights Act (G. R. No. 3180 of 1920). There is a special form for Kolaba khoti villages and some modifications for bhagdari and narvadari villages. It has not been applied to tiiukdari villages where the Settlement Register, which is s sort of Record of Rights, is prepared ; and not applied to Ratnagiri khoti villages (G R. 399 of 1919). It was extended to the surveyed cities of Ahmednagar, Barsi, Gadag and Godhra (G,R. No. 684 of 1916) without any obligation upon the Municipality and to all other city-sur- veyed areas by G. R. 6108 of 1917, except those cities surveyed lous; a~o, which were in need of revision survey before the Aot can be applied (Ahmedabad City proper, Surat, Broach, Rander, Bulsar, Habli, Dharwar, Bijapur aud cities in 8ind). These cities have now been resarveyed. In pursuance of that policy cl. 5 of G.R. 263 of 190 4 is amended : whenever a village, town or city site is sur. veyed under sec. 131, Chapter X- A is applied and sec. 135B is applied to all tenancies for 21 years and upwards : no register of tenancies is separately main- tained (G. R. 13565 of 1918) (Anderson's L. R. Rules, &d, of 1930, p. 9G).
Introduction of Record of Rights in Inam villages.- The
Record of Rights can be introduced in any inam village whether it ia surveyed or not, without the consent of the Inamdar (H. 0. R. Dharwar Suit No. 54 of 1922 and First Appeal No. 350 of 1924, quoted in Joglekar's Supplement No. 2, p. 29). Application Of the Section. Section 135 B (2) refers to tenancies existing at the time of introduction of the Record of Rights.
135C. Any person acquiring, by succession, survivorship, in- heritance, partition, purchase, mortgage, gift, Acquisition of rights lease or otherwise, any right as holder, occu- to be reported. pant< Owner5 mortgagee, landlord or tenant of
the land, or assignee of the rent or revenue
thereof, shall report orally or in writing his acquisition of such right to the village accountant within three months from the date of such acquisition, and the said village accountant shall at once give a written acknowledment of the receipt of such report to the person making it :
Provided that where the person acquiring the right is a minor or otherwise is disqualified, his guardian or other person having charge of his property shall make the report to the village account- ant :
provided further that any person acquiring a right by virtue of a registered document shall be exempted from the obligation to report to the village accountant.
EMpLanndion L The rights mentioned above include a mort <*age without possession, but do not include an easement or a charge not amounting to a mortgage of the kind specified in section 100 of the Transfer of Propery Act, 1882.
Explanation IL A person in whose favour a mortgage is dis- charged or extinguished, or lease determines, acquires a right within the meaning of this section*
Sad. Id50~l&5i>] OF THfc ttBcoBb OF &IGH?S 101
Sections 135-0 and 135-D apply to new tenancies which come into being after the introduction of the Record of Eights. In b oth eases the tenencies to be entered in the Record of Bights must either be perpetual or notified under s. 135-B (2). Tenancies which are not perpetual or not ao notified should be entered in the Register of tenancies as prescribed in No. 113 of the Land Revenue Rules (G. R. No. L. 0. 2865, dated 18-7-1931, quoted in Correction Slips to Joglekar's Land Revenue Code).
Report-Court fee Stamp. A report under this section regarding the acquisitioD of a right is not liable to court fee stamp under the Oourt Fees Act (G. R. No. 5366-28, dated 80-8 -19 80, quoted in Correction Slips to Joglekar's Land Revenue Code).
135D. (1) The village accountant shall enter in a register of mutations every report made to him under section 135-C and shall also make an entry cases. therein respecting the acquisition or any right
of the kind mentioned in [a] the first para- graph [a] of section 135-C which he has reason to believe to have taken place and of which a report has not been made to him under the said section.
(2) Whenever a village accountant makes an entry in the register of mutations he shall at the same time post up a com* plete copy of the entry in a conspicuous place in the chavdi, and shall give written intimation to all persons appearing from the record of r.ights or register of mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein.
(3; Should aay objection to an entry made under sub-section ( I) in the register of mutations be made either orally or in writing to the village accountant, it shall be the duty of the village account- ant to enter the particulars of the objection in a register of disputed cases.
(4) Orders disposing of objections entered iu the register of disputed cases shall be recorded in the register of mutations by such officers and in such manner as may be prescribed by rules made by the Governor in Council in this behalf.
(b) The transfer of entries from the register of mutations to the record of rights shall be effected subject to such rules as may be made by the Governor in Council in this behalf : provided that an entry in the register of mutations shall not be transferred to the record of rights until such entry has been duly certified.
(6) Entries in the register of mutations shall be tested and if found correct, or after correction as the case 7? f *f be certified by a revenue officer certified. f raok n * l wer * n fc ^ at f a Mamlatdar s
first karkun.
[a-rij Those words were substituted for the original word and figure "sub- jection (1)" by Bom. Act of II 1019, First Schedule,
101 fas dojCBi* LA*D ftsvastJE CODE, 1879 [ OHAP. X-A
(7) The provisions of this section shall apply in respect of
perpetual tenancies and also in respect of any
Tenancies. tenancies mentioned in a notification under
sub-section (2) of section 135B, but the pro-
visions of this section shall not apply in respect of other tenancies,
which shall be entered in a register of tenancies in such manner and
under such procedure as the Governor in Council may prescribe by
rules made in this behalf.
A Mamlatdar holding an enquiry relating to record of
rights under Chapter XII of this Code is a revenue Court under 8. 195 (1) (c) of the Or. P. 0. (Emperor v. Narayan, 39 Bom. 310).
ChaVdi. Where there is no Ohavdi in a village, the Collector should for purposes of section 135-D (2), direct under s. 3 (8) what place should be doomed to beachavdi(G. N. No. 5055-B-28, dated 24-7-1930, quoted in Correction Slips to Joglekar's Land Revenue Code).
135E. ( 1) Any person whose rights, interests or liabilities
are required to be, or have been entered in
Obligation to furnish an y record or register under this chapter shall
information. be bound, on the requisition of any revenue
officer or village accountant engaged in com-
piling or revising the record or register, to furnish or produce for
his inspection, within one month from the date of such requisition,
all such information or documents needed for the correct compila-
tion or revision thereof as may be within his knowledge or in his
possession or power.
(2) A revenue officer or village accountant to whom any in- formation is furnished or before whom any document is produced in accordance with a requisition under sub-section (1) shall at once give a written acknowledgment thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature, stating the fact of its production and the date thereof.
135F. Any person neglecting to make the report required by
section 13bC, or furnish the information or
Penalty for neglect to produce the documents required by section
afford information. 135E within the prescribed period shall be
liable, at the discretion of the Collector, to be
charged a fee not exceeding twenty-five rupees, which shall be
leviable as an arrear of land-revenue.
Note. Mamlatdar's Head Karkuns and Extra Head Karkuns and District Inspectors of Land records are authorized to levy fees upto a miximum of Its. 1 5 in each case (G. R. No. 7628, dated 9th April 1924, and 13th April 1924; quoted in Joglekar's Supplement No. 2, p, 30).
_ . .
behalf by th Governor in Council
BEO. 136B-135H J OF THE REOOBDS OF RIGHTS. 103
(a) any revenue officer or village accountant may for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this chapter exer- cise any of the powers of a survey officer under sections 96 and 97, except the power of assessing the cost of hired labour under section 97, and
(6) any revenue officer of a rank not lower than that of an Assistant or Deputy Collector or of a survey officer may assess the cost of the preparation or revision of such map or plan aad all con- tingent expenses, including the ost of clerical l*b><ir an 1 supervi- sion, on the lands to which such mips OP plans rotate, and such costs shall be recoverable as a revenue demanl.
135H. (1) The plaintiff or applicant in every suit or appUc*tion
as hereinafter defined relating to land situat-
Certiiied copy of re- e d in anv area to which this chapter applies
cord to be annexed to . ,. * , . l .. T r
plaint or application. s " a ^ annex to the plaint or application a
certified copy of any entry in the reord of
rights, register of mutations or register of tenancies relavant to such land.
(2) If the plaintiff or applicant fills 8 > to d > for any cause which the Court or conciliator deems sufficient, he shall produce such certified copy within a reasonable tim^ to be fixed by the Court or conciliator, and if such certifie i copy is not so annexed or produced 'the plaint or application shall be rejecte.l, but the rejec- tion thereof shall not of its own force preclude the presentation of a fresh plaint in respect of the same cause of action or of a fresh application in respect of the same subject-matter, with a certified copy annexed.
(3) After the disposal of any case in which a certified copy of any such entry has been recorded, the C >urt shall communicate to the Collector any error appearing in such entry and any alceration therein that may be required by reason of the decree or order, and a copy of such communication shall be kept with the record. The Collector shall in such case cause the entry to be corrected in accord- ance with the decree or decision of the Court, so far as it adjudi- cates upon any right required to be entered in the record of rights, register of inutatious or register of tenancies. The provisions of this sab-section shall apply also to an appellate or revisional Court: provided that, in the case of an appellate or revisional decree or order passed by the High Court or the Court of the Judicial Com- missioner of Sind, the communication shall be made by the Court from which the appeal lay or the record was called for.
(4) In this section
(a) "suit" means a suit to which the provisions of the Code of Civil Procedure, 1908, or of the Mamlatdars' Courts ; Act, 1906, apply ;
fb) "application" mean an application- 14
104 THE BOMBAY LAUD REVENUE OODB, 18? 9 [ OHAP. 4
(t) for the execution of a decree or order in a suit;
(ii) for the filing of an agreement stating a case for the opi- nion of the Court under the Code of Civil Procedure, 1908 ;
(Hi) for the filing of an agreement to refer to arbitration under paragraph 17 of the Second Schedule to the said (/ode ;
(it)) for the filing of an award under paragraph SO of the said Schedule ;
(v) to a conciliator under section 39 of the Dekkhan Agricul- turists' Relief Act, 1879 ;
(vi) of any other kind to which the Governor in Council may, by notification in the Bombay Government Gazette^ direct that this section shall apply 5
(c) an application shall be deemed to relate to land if the decree or other matter, with respect to which the application is made, relates to land ;
(d) a suit, decree or other matter relating to land shall, with- out prejudice to the generality of the expression, be deemed to in- clude a suit> decree or other matter relating to the rent or tenancy Of land.
Copy Hot attached tO plaint. Where, in a suit relating to land, tbc plaintiff omits 10 annex to his plaint a certified copy of the entry in the Record of Rights, as provided in this section, bat the Court passes a decree, it is not open to the Appellate Court to reject the plaint in appaal merely on the ground of the omission ; hat it should give an opportunity to the plaintiff to produce the entry within a fixed time (Giri/abai v. Hemraj, 45 Bom. 1339).
Where in a suit relating to land, the extract from the Record of Rights re- quired by this section is not produced in the trial Court, and in the Court of appeal the point about absence of the extract is uot presssed in arguments, it is not proper to reject the suit only on that ground, but the Court can well exercise its discretion in allowing the extract to be put in in appeal. Where the extract from the Record of Rights is once so put in, no application for review of judg- ment based on the ground of the absence of the extract can be entertained (Ganexh 9. Wthal, 23 Bom L, R. 745 ; s. c. 46 Bom, 345).
Certified copies of entries and their extracts exempt from
Court fee Stamps. Certified copies of entries in Record of Rights and ap- plications for such copies when required in filing in Court under this section are exempt from Court fee stamps. Certified copies of extracts from entries in Re- cord of Bights when attached to applications for the execution of Civil Court decrees are also exempt from Court Fee Stamps (G. N. No. 590, dated 16-9-1921 quoted in Correction Slips to Joglekar's Land Revenue Oode).
1351. Notwithstanding anything in section 87, the Collector
shall refuse assistance to any superior holder
Refusal of assistance under the said section, if his claim to such
under section 87. assistance is not supported by an entry or
entries duly made in the record of rights,
register of mutations or register of tenancies*
1851-186] OF THE REALIZATION OF LAND REVENUE, ETC. 105
135 J. An entry Jn the record of rights and a certified entry o , in the register of mutations shall be preBum-
irrts^mption of correct- j *. ^ u * i xi *. j
ness of entries in re- ed fco be true . ontil the contrary is proved or cord-of rights and re- a ne ^ entry is lawfully substituted therefor. gister of mutations.
Retrospective effect. This section is not retrospective with respect to the entries for the purpose of determining the right? of the parties which were till after 1913 innocuous (Hathinmj v Kuber Jetha, 44 Bom. 214).
Entries in record Of rights. -Under this section entries in the re- cord of rights shall be presumed to be correct, and, in the absence of any other evidence, a Civil Court is obliged to be guided by any facts so entered in the re- cord of rights (Anandibai 9 Narain> 17 Bom L R, 49).
135K. Application for certified copies of entries in the re- cord of rights, the register of mutations and Certified copies. the reg ; 8ter O f tenancies may be made to, and
such copies may be given by, the village ac- countant, Mihalkari or Mamlatdar.
Application for copy of entry exempt from Court fee
Stamp. Applications made to village officers for copies of entries in the Record of Rights are exempt from Court fee Stamps (Gr. N. No. 590, dated 16-9-1921, quoted in Correction Slips to Joglekar's Land Revenue Code).
185L. (1) No suit shall lie against the Secretary of State or Government or any officer of Government in Bar of suits and exolu- respect of a claim to have an entry made in sion of Chapter XIII. any record ()f reg i 8ter t h at J B maintained un- der this chapter, or to have any such entry
omitted or amended, and the provisions of Chapter XIII shall not apply to any decision or order under this chapter.
(2) The correctness of the entries in the record of rights and
register of mutations shall be inquired into
A PP eal - and the particulars thereof revised, by such
Revenue officers and in such manner and to
such extent and subject to such appeal as the Governor in Council
may from time to time by rules prescribe in this behalf.
CHAPTER XI
OP Tiia REALIZATION OF THE LAND REVENUE AND OTHER REVKNUE
DEMANDS
[a] 136. (1) In the case of unalienated land the occupant, and in the case of alienated land the superior Liability for land re- holder, shall be primarily liable to Govern- venue - ment for the payment of the land-revenue,
including all arrears of land-revenue, due in respect of the land. Joint occupants and joint holders who are pri- marily liable under this section shall be jointly and severally liable.
[a\ This section was substituted for the original section by Bom. Act IV of 1913, g>, 67.
106 THE BOMBAY LAJTO REVENUE CODE, 1879 [OHAP. 3TI
(2) In case of default by any person who is primarily liable under this section, the land revenue, including arrears as aforesaid, shall be recoverable from any person in posssession o the land :
provided that where such person is a tenant, the amount re- coverable from him shall not exceed the demands of the year in which the recovery is made :
provided further that, when land-revenue is recovered under this section from any person who is not primarily liable for the sati,e, sucn person shall be allowed credit for any payments which he may have duly made to the person who is primarily liable, and shall be entitled to ciedit, for the amount recovered from him, in account with the person wh ) is primarily liable.
Note. This section i: subject to modification when applied to auy village in the District^ of Ratnagiri and Kolaba to which the Khoti Settlement Act ex- tends (Vide Bom. Act I of 1880, ss. 1 and 39).
Occupant. The term 'occupant' is subject to modification when applied to any estate in the Districts of Ahmedabad, Kaira, Broach or Panch Mahals to which the Gajarat Talokdars' Act extends (Vtd9 Bom. Act VI of 1883, as. 1 and 33).
137. The claim of Government to any moneys recoverable
under the provisions of this chapter shall
^%ZZZ hav ? P rec <t nce over ' f her debt ' demand '
all others. or claim whatsoever, whether in respect of
mortgage, judgment decree, execution, or
attachment, or otherwise h >wsoever, against any land or the holder thereof.
Sale for recovery of abka^i revenue This section in no way
extends the right of f rf jituro and sale to taoso lanis of the defaulter in respect of which no land revenue U duo. Although arrears of abkiri licence fees are re- coverable as land revenue und^r s. 34 of thj 4bkiri Ab, arrea-s of abkuri revenue are n^t due upon tiny specific Ian I owned by the abkari renter. Hence a sale by G-overnment of the land of th-3 renter for recovery of abkari revenue is a sale subject to any prior mortgtge on the land (Ahmed Fdaji EH mail v. Parmanand Menghraj, 267 8 L. B. 390). In this case 7 Mad. 434, 28 Mad 420, 25 Mad 572 and 26 Mad. 230 were followed.
138. In all cases the land-revenue for the current year of
land used for agricultural purposes, if not The liability of the otherwise discharged, shall be recoverable, in
crop for the revenue of lf & . ' , . c ,1
the land. preference to all other claims, from the crop
of the land subject to the same. Recovery of land revenue how to be credited. Land revenu e
recovered bafore the date of the first instalment should be credited against the arrears of past years, if any. Revenue recovered on or after the date of the first instalment, should be credited against the demand of the current year and the balance, if any, against t^e arrears of previous years (G-. 11. No. 5387-28, dated 1 6-3-1932, quoted in Correction Slips to Joglekar's Land Revenue Code).
SEOB, 137-141 1 OP THE REALIZATION OF LAND BKEDNUE, ETC. 107
1B9. The land-revenue shall be leviable on or at any time after the first day of the revenue year for
bJw ar"*ime which ifc is due but ' e **Pt ^ precaution- during the revenue ap y measures are deemed necessary under the year. provisions of sections 140 to 144, payment
will be required only on the dates to be fixed under the provisions hereinafter contained.
[a] 140. When the crop of any land or any portion of the same is sold, mortgaged or otherwise disposed
h rciotr;:s <v heth K? r ' by , order of , a Civ . H <*>*
be prevented until re- other P" bllc authority or by private agree- venue paid. ment, the Collector may prevent its being re-
moved from the land until the demands for the current year in respect of the said land have bee~i paid, whether the date fixed for the payment of the same under the provisions hereinafter contained, has yet arrived or not.
But in no case shall a crop or any portion of the same, which has been sold, mortgaged or otherwise disposed of, be detained on account of more than the demands of the year in which the deten- tion is made.
The powers contained in this section and the following
do not authorise the detention of anything but the crops of the land or the seizure of the crop or any other goods after removal from the land* (Gangaram v. Dinkar 37 Bom. 642).
141. It shall be lawful for the Collector,
k5^ra - order to secure the payment of the land- tor may prevent the revenue by enforcement of the hen of Govern-
reaping of the crop, or ment On the crop
(a) to require that the crop growing on any land liable to the payment of land-revenue shall not be reaped until a notice in writing has first been given to himself or to some other officer to b3 named by him, in this behalf, and such notice has been returned endorsed with an acknowledgment of its receipt ;
(/>) to direct that no such crop shall be removed from the laud on which it has been reaped, or from tho removal thereof, or aD y pl ace i n which it may have been deposit- ed, without the written permission of himself or of some other officer as aforesaid ;
(c) to cause watchmen to be placed over any such crop to pre- vent the unlawful reaping or removal of the place watchmen over it. game, and to realize the amount required for the remuneration of the said watchmen, at such rate not exceeding the rate of pay received by the peons on his establishment as he may deem fit, as an arrear of land revenue due in respect of the land to which such crop belongs.
[a] This section was substituted for the original section by of IVM3, s.68.
1 08 THK BOMBUT LVND RBVJSSUB CODE, 1879 [ CHAP. XI
142. The Collector's orders under either clause (a) or clause n .. , , , (b) of the last preceding section may be issued
aJfcSEtoS:^ g ne "% *<> !* lwUe o land paying be made known. revenue to Government in a village or to in-
dividual holders merely.
If the order be general, it shall be made known by public pro- clamation to be made by beat of drum in the village and by affixing a copy of the order in the cbavdi or some other public buildiag in the village. If it be to individual holders, a notice thereof shall be served on each holder concerned.
Any person who shall disobey any such order after the same
has been so proclaimed, or a notice thereof has
Penalty for dis- been served upon him, or who shall, within
obedience of order. tfae ^j^ of the IndiaQ p eQal C()de? abet
the disobedience of any such order, shall be liable, on conviction after a summary inquiry by the Collector, to a fine not exceeding double the amount of the land revenue due on the land to which the crop belongs in respect of which the offence is committed.
Removal of crops, though removal prohibited, does not
become theft. If a person removes his wheat, the removal of which is prohi- bited and over which watchmen have been placed under t. 141, ha cannot be con- victed of theffc under a. 379 of the Penal 0>de, but cau ba dealt with -under this section (Daya Karson, I Bom. L R. 515).
Fine under this section is no arrear of land revenue of any
OCOUpanoy A fine imposed on a person under thia section for disobedience of an order passed under section 141 is not an arrear of land revenue in respect of any occupancy, and therefore forfeiture of the offender's land under s. 153 for recovery of the fine is not lawful. The ruling quoted in 15 Bom. 67 under a. 1H7 /wsjdoes not apply fo such a fine (Gr. R N-J. 5 >OS-28, dib3d 31-10-1950 quoted in Correction Slips to Joglekar's Land Revenue Code).
143. The Collector shall not defer the reaping o crop, nor
prolong its deposit unduly, so as to damage Reaping, &c, not to the produce ; and if within two months after
be unduly deferred. the crQp hag faeen deposited the reveuue due
has not been discharged, he shall either release the crop and proceed to realize the revenue in any other manner
authorized by this chapfter or take such portion Crop when to be releas- thereof as he may deem fit, for sale under e ' the provisions of this chapter applicable to
sales of moveable property in realization ot the revenue due and of all legal cose, and release the rest.
144. If o tying to disputes amongst the sharers, or for other
cause, the Collector shall deem that there is
Temporaiy atttaeh- reason to apprehend that the land revenue
ST^irKTS Wable in reject of any holding consisting
a village. of * n entire village or of a share of a village
will not be paid as it falls due, he may cause
&508, 142-147 ] Off THE &LIAfcATl05 OF liAND ttEVBNUE, SJT<5. 100
the village or share of a village to be attached and taken under the management of himself or any agent whom he appoints for that purpose.
The provisions of section 160 shall apply to any village or share of a village so attached, and all surplus
Powers of manager, fit tfa j d attached beyond the COSt
and disposal of surplus * v ^ u *. j ^ i j
profits. f 8UC k attachment and management, includ-
ing the payments of the land revenue and the cost of the introduction of a revenue survey, if the same be intro- duced under the provisions of section 111, shall be kept in deposit for the eventaal benefit of the person or persons entitled to the same, or paid to the said person or persons from time to time as the Collector [a] may direct.
Grant of village lands rent free by Talukdar. Plaintiff held
rent free land from the talnkdar of the village, who paid the Government assess- ment for the village in a fixed lump sum. The village was attached by the Go" vernment for non-payment of the jama by the talakar under this section. Held> that the Government had the right to levy the assessment on the lauds of the plaintiff to tile village, for, the grant of lands rent free by the talukdar did not affect tho right of the Government to assess the lands (Tulla v. The Collector Kaira, 43 Bom. 6.
145. The precautionary measures authorized by the last five
sections shall be relinquished if the person
Precautionary mea- primarily responsible for the payment of
r^^JittS reveuue or any person who would be respon-
furnished. sible tor the sarno if default were made by
the person primarily responsible shall pay the
costs, if any, lawfully incurred by the Collector up to the time of such relinquishment, and shall furnish security satisfactory to the Collector for the payment of the revenue, at the time at which, or in the instalments, if any, in which it is payable under the provi- sions hereinafter contained.
146. Land revenue, except when it is recovered under the
provisions of the foregoing sections ] 40 to
Government to deter- 14^ gfcall be payable at such times in such
V\tT tevenu n e instalments to such persons and at such places
shall be payable. as ma 7 from time to time be determined by
the orders of Government.
147. Any sum not so paid becomes
Arrear. thereupon an arrear of land revenue, and the
persons responsible for it, whether under the Defaulter. provisions of section 136 or of any other sec-
tion, become defaulters.
Note. This section is subject to modification when applied to any estate in the districts of Ahmedabad, Kaira, Broach or Panch Mahals to which the Gujarat Talukdar's Act, 1888, extends (Kufo Bom. Act VI of 1888. ss. 1 and 33).
\a\ "Words rep cakd by Bom. Aci IV of 1806, Second Schedule, are omitted,
119 THE BOMBAY LAND REV^UB CODE, 1879 [ OHAP. XI
[a] 148. If any instalments o land revenue be not fully paid within the prescribed time, it shall be lawful
by defaoH 168 '"^"^ ? 0r the Collector *> ^pose as a penalty or as interest such charge on such instalments, and on the arrears, if any, of former years, as may be authorized according to a scale to be fixed from time to time under the orders of the Governor in Council, and further to proceed to levy at once the entire balance of land revenue due by the de- faulter for the current year :
Provided that no such charge shall be imposed on any instal- ment, the payment of which has been suspended by order of Government, in respect of the period during which the payment remained suspended.
Applicability . This section applies only in case of default of the pay- ment of land revenue within the prescribed time and not for default of rent. The fact that the Talukdari Settlement Officer was during the period of his manage- ment vested with certain powers of the Collector under this Code did not ipso facto or necessarily make rent land revenue and the imposition of the penalty was invalid (Secretary of State -. Gordhandas Mohanlal, 32 Bom. L. B. 815).
Maximum penalty. A maximum penalty not exceeding \ of the amount of land revenue over-due should be fixed and resort had to the provisions of this section in the case of the rayat who is known to be able to pay bat wil- fully delays to do so. The penalty imposed may be remitted if the officer impos- ing it afterwards finds that tbe rayat was not able to pay puncually (Q-. R. No. 6485, dated 27th March l883 ; quoted in Sathe's Land Revenue Oode 4th ed., p. 243).
Interest Or penalty under this section should be levied only in cases of proved contumacy (G. K. No. 194, dated 9th January 18^4).
149. A statement of account, certified by the Collector or by an Assistant or Deputy Collector, shall, for
Certified account to Ae pur p 08 e 8 of this chapter, be conclusive be evidence as to . , r r r , . A v /. i
arrears, evidence ot the existence of the arrear of the
amount of land revenue due, and of the per- son who is the defaulter.
On receipt of such certified statement, it shall be lawful for
the Collector of one district to proceed to re-
Collectors may realize cover the demands of the Collector of any
each other's demands. other district under the provisions of this
chapter as if the demand arose in his own
district.
A similar statement of account certified by the Collector of Bombay may be proceeded upon as if certified by the Collector of a district under this Act
150. An arrear of land revenue may be Process for recovery recovered by the following processes : of arrears.
[a] This section was substituted for the original section by Bom. Act IV of 1913, 8, 69.
148-152 ] OF THE RELIAZATION OP LAND &BVENUE, fere. ill
(a) by serving a written notice of demand on the defaulter under section 1*2 ;
(b) by forfeiture of the occcapancy or alienated holding in respect of which the arrear is doe under section 153 ;
f c) by distraint and 8<*le of the defaulter's moveable property under section 154 ;
(ejh by sale of the defaulter's immoveable property under sec- tion 155 ;
(e) bv arrest and imprisonment of the defaulter under sections 157 and 158;
(/) in the case of alienated holding consisting of entire villages, or shares of villages, by attachment of the said villages or shares of villages under sections 15i) to 163.
Notes- 01 \b) of this section does not apply to any village in the districts of Ratnagiri. and K >laba to which the Khoti Settlement Act extends (Vide Bom. Aot I of 1880, ss. 1 and 39).
This section is subject to modification when applied to any estate in the dis- tricts of Ahinedibad. Kiira, Broach or Panch Mahah to which tho Gujarat Taluk- dars' Act, 1888, extends (Vide Bom. Act VI of 1888, as. I and 33).
heoOVery Of arrears Of land-revenue ^n arrear of land-re- venue maybe recovered by the several processes rncutiouel in this section. With iega r d to tho process of sale of the default jr'a i nouveaole property other than the land on which the arrear is due, it should be noted that the sale is subject to all inmimbrances, or tenures or ajienatiocs effected by the occupant before the aale. The sale is just like the sale in execution of a money decree of a judgment- debtor ? s immoveable property and the purchaser acquires only wh\t the occnpmt could have honestly disposed of on the date of the sale. la this ci->e the rights of iucumbrancers are not touched (Sea Venkatesh v Uka! Pai, 15 Bom. 67). The surplus after deducting the expense* of ths sale and the arrears due shall ba paid to the occupant whose property is th'is sold, as required by j. 183 post.
151. The said processes may be employed for the recovery
of an ears of former years as well as of the
Revenue demands of current year but the preferences gi^en by
former years how re- . 10* JIOL.II 1^1 *
eoverable. sections 137 and Io8 shall apply only to
demands for the current year :
Provided that any process commenced in the current year shall be entitled to the said perferences, notwith- standing that it may not be fully executed within that year.
152. A notice of demand may be issued
When notice of de- on or after the day following that on which mand may issue. the arreaf accrue8 ,
The Commissioner may from time to time frame rules for the issue of such notices, and with the sanction of the Governor in Council shall fix the costs recoverable from the defaulter as an 15
11* TriB BoMfiAt tiAfrto RfcvEKTJB OoDrt, 1879 [ OHi*. XI
arrear of revenue, and direct by what officer such notices shall be issued.
Not6S .Fees of notice under this section, the costs of arrest under sec. 158 and expenses of sale under s. 183 leviable under the existing rules are doubled (G B. tfo. 7828, dated, 25-6-1923, quoted in Joglekar's Supplement No 2, p. 31).
F'-es are levied even when the notice is unserved (G. Bs. Nos. 954 of 1896, an I 1> 94 of 1898).
Inamdara, even if commissioned, cannot charge notice fees (G-. B. No. 2901 of 1886).
Notice Of demand When OOmpluSOry .--The issue of a notice un- der this section is not compulsory before any other kind of coercive process is undertaken (G. N. No. 6557, dated 16-1-1931).
Notice Of demand When to be served. A notice of demand under this section may be served through the postal agency. But since practical diffi- culty is likely to arise if a notice sent by registered post is refused, the issue of a registered notice in such cases should bo supplemented by the procedure pre- scribed in section 191 of the Oode oi affixing a copy of the notice to some con- spicuous place on tha land to whioh the notice refers (G. B, No. 5638-28, dated 16-9-1930, quoted in Correction Slips to Joglekar's Land Bevenue Oode).
Form of notice Of demand. For form of notice of demand to be issued under this section, see p, 153 of Anderson's L. B. Bules.
153. The Collector may declare the occcupancy or alienated holding in respect of which an arrear of
The occupancy or alie- l an d-revenue is due, to be forfeited to Gov- nated holding for which -, n ' , . ,. A ,
arrear is due may be ernment, and sell or otherwise dispose of the
forfeited. same under the provisions of sections 56 and
57, and credit the proceeds, if any, to the de- faulter's account
[a] Provided that the Collector shall not Proviso. declare any such occupancy or alienated hold-
ing to be forfeited
(a) unless previously thereto he shall have issued a proclama- tion and written notices of the intended declaration in the manner prescribed by sections 165 and 166 for sales of immoveable pro- perty, and
(b) until after the expiration of at least fifteen days from the latest date on which any of the said notices shall have been affixed as required by section 166.
Note. This section does not apply to any village in the districts of Batna- giri and Kolaba to which the Knot! Settlement Act extends (Bom. Act I of 1880 8s. 1 and 39).
Proviso. This proviso provides against the possibility of an occupancy or alienated holding being declared forfeited and disposed of without the fact coming to the knowledge of persons who might otherwise avail themselves of the remedies against forfeiture contained in ss. 80 and 81 (Select Committee's Report).
(a] This proviso was added by Bono. Act VI of 1901, a. 16.
Sac* J 58 -154] OP THE REALIZATION or LAND REVENUE, ETC. 113
Occupancy or alienated holding- cannot be alienated for
recovery Of arrears Of local fund cess. Although local fond cess U re- coverable as an arrear of land revenue, it is not land revenue which is due in respect of an occupancy or alienated holding. Therefore an occupancy or alienated holding cannot be forfeited for recovery of arrears of local fund cess (G. R. No. 5673-28, dated 28 -8-1 9 30 quoted in Correction Slips to Joglekar's Land Revenne Code),
Mere sale does not extinguish inoumbranoes. It cannot be
assumed that the Collector has declared under this section the holding to be for- feited from the mere fact that that would be the legal consequence of failure to pay assessment. If there has been no forefeiture, a mere sale does not extin- guish existing incnmbrances (Gotind v Bhiwa, P. J. i895, p 70).
When Order Of forfeiture is illegal When a talukdari village is attached under s. 159 of the Code for arrears of land-revenue, so long as the attachment subsists, an order of forfeiture, under this section, is illegal (Samaldas v. Secretary of State, 16 Bom. 455).
Forfeiture not followed by Sale. A declaration of forfeiture under this section of the interests of a lessee holding under a permanent lease not followed by a sale, but by an order transferring possession of the holding to the lessor under s. 57, has not the effect of defeating prior incumbrauces created by the lessee in favour of third persona (Nuray.in v. Piirshvttam, 22 Bom, 309).
When a registered occupant's tenancy is forfeited under s. 56 ante, and that forfeiture is not followed by sale of the occupancy (the Collector allowing the per- son actually in possession to be registered as occupant on his paying up all arrears of Government revenue due on the land), the lease by which the person actually in possession was holding from the former registered occupant is not destroyed by the forfeiture and the lessee is still under liability to his landlord (Ganparshibai v. Timmaya, 24 Bom. 34).
Declaration of forfeiture before sale, A sale of a holding for
default of payment of assessment is not invalid, although prior to the sale there has been no declaration of forfeiture by the Collector. The declaration is not so essentially a necessary preliminary of a sale that without it the sale ia illegal and invalid. The fact that a sale has taken place is primajacie evidence that forfei- ture had been declared (Ganpnli v. Gangaram, 21 Bom. 381),
_. . , . . 154. The Collector may also cause the
d movable Defaulter's moveable property to be destrain-
property. e( * an d sold.
Such distraints shall be made by such officers or class of
officers as the Commissioner under the orders
By whom to be made. of Government may from time to time direct.
Distraints may be made by Taluka karkuns, Kulkarnis,
TalatlS and PatelS, provided that they should be executed only by persons able to read and write. In special cases, however, the Collectors and their assist- ants may direct the warrant to any person whom they may consider competent to execute it (G. B. No, 7858, dated 23rd December 1881, quoted in Bathe's Land lievenne Code, 4th ed., p.
lw Era BOMBAJT LAND RBVBNUB CODE, 1879 [ CHAP. XI
Delegation to Mamlatdars and Mahalkaris of the power to
distraint. The Collectors mar delegate the powers exercised by them under this section, to Mam la t da r 3 and Mahalkaris (G. R. No. 5954, dated 31st August 1891, quoted in Bathe's Land Kevenue Code, tth ed., p. 254).
Defaulter's Property. This section will apply only if the distrained property is the moveable property of the defaulter and the onus is on the officer who effects a seizure to prove it (Gavgaram v. Dinkar, 37 Bom. 592).
Distraint Of Chattels hOW effected. A seizure for distraint of chattels may be either actual or constructive. It is not necessary that the goods must be actually touched or handled (Emperor v . Lnltu Waghvi, 43 Bom. 550).
Seizure Of account books An attachment of account books by an officer acting under this section is illegal, and the officer is liable to damages for doing qo (Daluchand t>. GulaM* 18 Bom. L R. 323).
Cash and notes Under thU section cash and particularly currency notes (being moveable property and liable to sale) may be distrained and sold (Emperor 9. Gulabrni, 83 I. 0. 899). So also ornaments (18 Bom L. R 323).
155. The Collector nnv alo cause the right, title and inter-
est of the defaulter in any immoveable pro- Sale of defaulter's im- pprty other th*n the land on which the arrear moveable property. - dljfl to be ^^
Defaulter's immoveable property. The immoveable property of a defaulter which is put up for sale under the Land Revenue Code is not. attached in execution and cannot, therefore, be transferred to a Oo-operative .Society for the recovery of it-? dues under section 59 (2) ot the Bombay Oo-operativa Societies Act, 1925. A Oooparative Society should in such cases offer an ade- quate bid and purchase the right, fctle and interest of the duf mltur in the property. In special cases, however, in order to set an eximple, the Collector may in the ab- sence of outside bidders transfer the rig':t, title and interest of thu defaulter in immoveable property to co-operative society on a purely nominal bi(* (G-. Rs. Nos. 4373-28, dated 23-4-1930, 8-12-1930 and 13-2-1932 quoted in Correction Blip* to Joglekar's Land Revenue Code).
156. All such property as is by the Civil Procedure Code
exempted from attach oieht or sale in execu-
Exemntiona from dis- tion < a decree, shall also be exempt from
trabt and sale. distraint or sale, under either o the last two
preceding sections.
The Collector's decision as to what uropsrty is so entitled to exemption, shall be conclusive.
Exemption The proviso to Section 60 (1) of the Civil Procedure Oodo (Act V of 1908) exempts the following articles from attchmeut or sale :
(a) the necessary wearing apparel, cooking vessels, beds and bei ling of the judgment-debtor, his wife and children, and such personal ornaments as, in accord- ance with religious usage, cannot be parted with by any woman ;
(b) tools of artizans, and, where the jndguent-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, he accessory to enable him to earn his livelihood, as such, and such portion of agricultural produce or of any class of agricultural produce as may
Sacs. 155456 Or IHE REALIZATION OF LAND REVENUE, &o. 115
have been declared to be free from liability under the provisions of the next fol- lowing section (re special exemption by Government orders) j
(c) houses and other buildings (with the materials ani the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) be- longing to an agriculturist and occupied by him ;
(d) books of account ;
() a mere right to sue for damages ;
( f) any right of personal service ;
(g) stipends and gratuities allowed to pensioners of the Government, or pay- able out of any service family pension fund notified in the Gazette of India by the Governor General in Council in this behalf, and political pensions ;
(h) allowances (being less than salary) of any public officer or of any servant of a railway company or local authority while absent from duty ;
(t) the salary or allowances equal to salary of any such public officer or ser- vant as is referred to in clause (A), while on duty, to the extent of
(t) the whole of th: salary, where the salary does not exceed forty rupees monthly ;
() forty rupees monthly, where the salary exceeds forty rupees and does not exceed eighty rupees monthly ; and
(n't) one moiety of the salary in any other case ;
(/ ) the piy and allowances of persons to whom the Indian Articles of War (V of 1869) apply ,-
(/c) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act (iXof 1807), for the time being applies in so far as they are declared hy the said Act not to be liible to attachment ;
(/) the wage? of labourers and domestic servants whether payable in money or in kind :
(OT) an expectancy of succession by survivorship or other merely contingent or possible right or interest ;
(n) a right to future maintenance ;
(o) any allowance declared by any law passed under the Indian Councils Acts, 1861 and 1892, to be exempt frcoi liability to attachment or sale in execu- tion of a decree ; and
(/>) where the judgment-debtor is a person :iable for the payment of land- revenue, any moveable property which, under any law for the time being applic- able to him, is exempt from sale for the recovery of an arrear of such revenue.
Explanation. The particulars mentioned in clauses, (g), (A), ({), (/), (/) and (0) are exempt from attachment or ?alo whether before or after they are actually payable .
(2) Nothing in section 60 shall be deemed
to exempt houses and other buildings (with themateri&ls and the sites there- of and the lands immediately appurtenant thereto and necessary for their enjoy- ment) from attachment or sale in execution of decrees for rent of any such house bnilding site or land.
Agricultural produce not exempted from attachment
Under C. P. Code No kind of agricultural produce has been exempted from attachment under section 61 of the Oivil Procedure Code.
Exemption Irom attachment and sale of houses and build- ings Occupied by agriculturists. The expression "materials of houses
11$ THE BOMBAY LAND REVENUE CODE, 1879 [OHAF XI
and other buildings belonging to, and occupied by, agriculturists" used in a. 266, cl. (c) (now s. 60 (c) of tbe new Oode of 1908) of the Civil Procedure Code, is intended to exempt from attachment and sale the house dwelt in by an agricul- turist as such and the farm buildings appended to such dwelling (Radhokrishna e. Bahant, 7 Bom. 530).
157. At any time after an arrear becomes due, the defaulter A f A A i * ma y ke Crested and detained in custody for
of defadte a r etentlon ten days in the office of the Collector or of a Mamlatdar or Mahalkari, unless the revenue due together with the penalty or interest and
the costs of arrest and of notice of demand, if any, have issued and
the cost of his subsistence during detention, is sooner paid.
If, on the expiry of ten days the amount due by the defaulter T . , . . .. is not paid, then, or if the Collector deem fit
j^r 8 on any earlier day, he may be sent by the
Collector with a warrant, in the form of Sche- dule C, for imprison ment in the civil jail of
the district :
Provided that no defaulter shall be detain- Defaulters not to be e( j i n imprisonment for a longer period than
SC^nMito^ the time liraited b y la * in the case o the
be detained by the Civil execution of a decree of a Civil Court for a Court. debt equal in amount to the arrear 6f revenue
due by such defaulter.
Govt's priority over pledgee's rights. S. was indebted to the
Govt. on account of unpaid instalments of a foreign liquor licence, but the stock of wines was already pledged to P. Bank. Held, that Govt. had priority over P. Bank as pledgee. This section was applicable to this case although the priority of Govt. as flta ted in this section is over any claim against any land or holder thereof (People's Bank of Northern India t>, Shahani Brothers, A. I. R. 1930 Sind 185).
Period Of detention. Every person detained in the civil prison in execution of a decree shall be so detained: (a) Where the decree is for the pay- ment of a sum of money exceeding fifty rupees, for a period of six months, and (I) in any other case, for a period of six weeks (Civil Procedure Oode (Act V of 1908), s. 58 (1)).
Agriculturist debtor when arrested and detained under
this Section. An agriculturist debtor against whom action is being taken under s. 59 (1) (6) of the Co-operative Societies Act may be arrested and detained nndei this section. He cannot claim protection under s. 21 of the D. A. R. Act (G-. R. No. 8281-28, dated 18-1-1931 quoted in Correction Slips to Joglekar's Land Revenue Oode).
158. The Commissioner may, with the sanction of the Gov-
ernor in Council, from time to time, declare
Power of arrest by fa wfaftt O ff^ n or Q \ Mn officers, the whom to be exercised. Q{ ^^ C0nferre( j by secti(m m mfty
8x08. 157-461 ] OF IBB REALIZATION o* JdAtit) REKDNUE, ETC. 117
be exercised, and also fix the costs of arrest and the amount of subsistence-money to be paid by Government to any defaulter under detention or imprisonment.
159. If the holding, in respect of which an arrear is due,
consists of an entire village, or of a share of
J " to ,iSagt Si a villa g e > "* the "^r of an y o the other
take it under manage- processes before specified is deemed inexpedi- ment. ent, the Collector may, with the previous
sanction of the Commissioner, cause such village or share of a village to be attached and taken under the management of himself or any agent whom he appoints for that purpose.
160. The lands of any village or share of a village so attached
shall revert to Government unaffected by the tol:f f re 8 e UC o5ir. cts of the superior holder or of an y> of the brances. sharers, or by any charges or liabilities sub-
sisting against such lands, or against such superior holder or sharers as are. interested therein, so far as the public revenue is concerned, but without prejudice in other respects to the rights of individuals ;
and the Collector or the agent so appointed shall be entitled to
Powers of manager. manage the lands attached, and to receive all
rents and profits accruing therefrom to the
exclusion of the superior holder or any of the sharers thereof, until
the Collector restores the said superior holder to the management
thereof.
Note. This section is subject to modification when applied to any estate in the districts of Ahmedabad, Kaira, Broach or Panch Mahals to which the Gujarat Talukdars' Act, 1888, extends (Vide Bom. Act VI of 1888, ss. 1 and 33).
Colieotor not to demand more (Local Fund) in addition to stipulated rent.
The plaintiffs were tenants of the Thakor of G. The Collector undertook the management of his estate and had, under s. 144 of this Code, attached the village G. Held, that the plaintiffs as tenants of the Thakor were liable to pay the Col- lector the stipulated rent only and that this section does not entitle him to de- mand more (Collector of dhmsdabad p. T&osan, P. J. 1892, p. 323).
Right of Khot to sue for possession of Khoti Nisbat lands.-
A Watandar Khot is entitled to institute a suit for possession of his Khoti Kig- bat lands which are alienated by the tenant without obtaining his consent, although the Khot'A lands have been attached by Government under this Oode (Purushottam r. Qanpati, 50 Bom. 306).
161. All surplus profits of the lands attached, beyond the cost of such attachment and management in-
of "" cludiD u g the p;yr nt o the current "
and the cost of the introduction of a revenue survey, if the same be introduced under the
ft$ Tate BOMBAY LAWD REVENTTE CODE, 1879 [OHAP. XI
provisions of section 111 [a] shall be applied in defray ing the said arrear.
162. The village or share of a village so attached shall be . released from attachment, and the manage-
so aSSK n aent thereof sha11 be ^stored to the superior
holder on the said superior holder's making an application to the Collector for that pur- pose at any time within twelve years from the first of August next after the attachment :
if at the time that such application is made it shall appear that the arrear has been liquidated ;
or if the said superior holder shall be willing to pay the balance, if any, still due by him, and shall do so within such period as the Collector may prescribe in that behalf.
The Collector shall make over to the superior holder the sur- plus receipts, if any, which have accrued in
f SUrplU8 t ! ie y ear in whicli his ^Plication for restora- tion of the village or share of a village is made after defraying all arrears and costs ;
but such surplus receipts, if any, of previous years shall be at the
disposal of Government.
Notes. Vide note 1 under s. 160.
This section is subject to modification when applied to any village in tho dis- tricts of Eatnagiri and Kolaba to which the Khoti Settlement Act extends (Vide Bom. Act I of i880. as. 1 and 39).
Khot's right to profits for one year when Khoti village under Government attachment. The position of a Khot, in the Tillages
to which the Bombay Khoti Act (I of 1880) has been extended, is that of a superior holder, and in the event of attachment of his village his rights in respect oi Khoti profits, on his resuming the management of the village, would be regulated by el (1) of this section. Under this section the village, or share of a village so attached, shall be released from attachment, and the management thereof shall be restored to the superior holder on the said superior holder's making an application to the Collector for that purpose at any time within twelve years from 1st August next after the attachment. The Collector shall make over to the superior holder the surplus receipts, if any, which have accrued in the year in which his applica- tion for restoration of the village, or share of a village, is made, after defraying all arrears and costs-, but such surplus receipts, if any, of previous years shall be at the disposal of Government. But this rule does not hold good where the village attached is one in the Kolaba district to which the Khoti Settlement Ace (I of 1880) has not been extended, unless the Knots therein are Sanadi or Vatandar Khots (Bhikaji t>. Nizam, 8 Bom. 525).
[<*] Words repealed by Bom. Act III of 1886, are omitted.
SEOS. 162-165 1 OF MB REALIZATION OF LAND BBBDKUI, ETC. 110
163. If no application be made for the restoration of a vil-
lage or portion of a village so attached with- Village &c., to vest \ n fa e 8a i<j period of twelve years, or if, after
**!; * *PPlf "V *- ^ *. the superior years. holder shall fail to pay the balance, if any,
still due by him within the period prescribed by the Collector in this behalf, the said village or portion of a vil- lage shall thenceforward vest in Government free from all incum- brances created by the superior holder or any of the sharers or any of his or their predecessor s-in- title, or in any wise subsisting as against such superior holder or any of the sharers, but without prejudice to the rights of the [aj persons in actual possession of the land [aj.
Note* This section does not extend to the estate in (he districts of Ahmedabad, Kaira, Broach or Panch Mahals to which the Gujarat Talnkdars' Act, 1888, extends (See Bom. Act VI of 1888, as. 1 and 33).
164. Any defaulter detained in custody, or imprisoned, shall
forthwith be set at liberty, and the execution
be stay'ei TZuriS f m * P rOCe88 fihall > at ? time > be fiU y ed >
being given , oa *ke defaulter's giving before the Collector
or other person nominated by him for the purpose, or if the defaulter is in jail, before the officer in charge of such jail, security in the form of Schedule D, satisfactory to the Collector,' or to such other person or officer.
And any person against whom proceedings are taken under
this cbapter may pay the amount claimed
or on amount demand. un( j er protefit to the officer taking guch pro . ed being paid under j 3 i_ ^x? j
protest ceedings, and upon such payment the proceed-
ings shall be stayed.
165. When any sale of either moveable or immoveable pro-
perty is ordered under the provisions of this Procedure in effecting chapter, the Collector shall issue a proclama- 8ales * tion, in the vernacular language of the dis-
trict, of the intended sale, specifying the time and place of sale, and in the case of moveable property whether the sale is subject to confirmation or not, and, when land paying revenue to Government is to be sold, the revenue assessed upon it, together with any other particulars he may think necessary.
Such proclamation shall be made by beat of drum at the head
quarters of the taluka, and in the village in
Proclamation of sales, which the immoveable property is situate, if
the sale be of immoveable property ; if the
sale be of moveable property the proclamation shall be made in the
[a-a] These words were substituted for the original words "a/itual occupants of the aoil" by Bom. Act IV of 191 8, s. 70, 16
THE BOMBAY LAKD KBVENUE UODK, 1879 [O^Av. XI
village in which such property was seized, and in such other places as the Collector may direct.
166. A written notice of the intended sale of immoveable
property, and of the time and place thereof,
Notification of sales, shall be affixed in each of the following places,
viz., the office of the Collector of the district,
the office of Mamlatdar or Mahalkari of the taluka or mahal in
which the immoveable property is situate, the chavdi or some other
public building in the village in which it is situate, and the de-
faulter's dwelling place.
In the case of moveable property, the written notice shall be affixed in the Matnlatdar's or Mahalkari's office, and in the chavdi or some other public building in the village in which such property was. seized.
The Collector may also cause notice of any sale whether of moveable or immoveable property to be published in any other manner that he may deem fit.
Sale by whom to be 167. Sales shall be made by auction by
f such persons as the Collector may direct.
No such sale shall take place on a Sunday or other general
holiday recognized by Government,. nor until
Time when sale may a f te r the expiration of at least thirty days in
' the case of immoveable property, or seven
days in the case of moveable property, from
the latest date on which any of the said notices shall have been
affixed as required by the last preceding section.
. ... The sale mav from time to time be post-
Po 8 fcpon em ent of eale. ' *
163. Nothing in the last three sections applies to the sale of
perishable articles. Such articles shall be
Sale of perishable arti- so ld by auction with the least possible delay,
c *" in accordance with such orders as may from
time to time be made by the Collector either
generally or specially in that behalf.
169. If the defaulter, or any person on his behalf, pay the
arrear in respect of which the property is to
W.hen sale may be be sold and all other charges legally due by
8 ay him nt any time before the day fixed for the
sale to the person appointed under section 146
to receive payment of the land revenue due, or to the officer ap-
pointed to conduct the sale or if he furnish security under section
164, the sale shall be stayed.
Date up to whioh defaulters may pay arrears __ Under this
section a defaulter is only at liberty to pay the arrears in respect of which tbe
BBCS. 166*174 Of THE KEAUZAXIO* OF LAOT> REVENTJI, dfec. 191
land is to be sold at any time before the day fixed for the sale, The arrears paid after the day fixed for the sale should be refunded to the defaulter (GK H. No. 6130, dated 20th November 1880, quoted in Sathe'a Land-Revenue Code, 4th ed., p. 212).
1 70. Sales of perishable articles shall be at once finally con- . . , . eluded by the officer conducting such sales. y% wbTtablo Pr to' AH other sales of moveable property shall be confirmation. finally concluded by the officer conducting
such sales, or shall be subject to confirmation, as may be directed in orders to be made by the Collector either generally or specially in that behalf. In the case of sales made subject to confirmation, the Collector shall direct by whom such sales may be confirmed.
171. When the sale is finally concluded by the officer con- _. _ . _ ducting the same, the price of every lot shall
JS5." 7rT;S; ^ paid for at the time of sale, or as soon when sale i* concluded after as the said officer shall direct, and in at once. default of such payment the property shall
forthwith be again put up and sold. On payment of the purchase-money the officer holding the sale shall grant a receipt for the same, and the sale shall become absolute as against all persons whomsoever.
172. When the sale is subject to confirmation, the party who
is declared to be the purchaser shall be re-
JySTw 1 uired to de Pf ***topj. twenty-five sale is subject to con- P er centum on the amount of his bid, and in firmation. default of such deposit the property shall
forthwith be again put up and said. The full amount of puchase-money shall be paid by the purchaser be- fore sunset of the day after he is informed of the sale having been confirmed, or, if the said day be a Sunday or other authorized holiday, then before sunset of the first office day after such day. On payment of such full amount of the purchase-money, the pur- chaser shall be granted a receipt for the same, and the sale shill be- come absolute as against all persons whomsover.
Moveable property. This section applies to moveable property only (Qoeind v. Bhiwa, P. J. 1895, p. 70).
173. In all cases of sale of imraoveable property, the party
who is declared to be the purchaser shall be
Deposit by purchaser requ i re( j to deposit immediately twenty-five
r/e^epr^erty ^ P centum on the amount of his bid, and in
default of such deposit the property shall forthwith be again put up and sold.
174. The full amount of purchase-money shall be paid by
the purchaser before sunset of the fifteenth Purchase money when day from that on which the sale of the un- to be paid, moveable property took place, or, if the said
151* THB BOXBA.Y LAND RTOHTUS Com, 197 9 [ OflAF XI
fifteenth day be a Sunday or other authorized holiday, then before sunset of the first office day after such fifteenth day.
How to calculate fifteen da^s When is the deposit to be
paid. The period of 15 days for the payment of the balance of purchase-money should be counted from the date of the conclusion of the sale by the Mamlatdar. The payment of a deposit of twenty-five per cent, to the Karkun before the con- clusion of the sale IB an irregularity (G. R. No. 80 9, dated 4th February 1898, quoted in Bathe's Land Revenue Code, 4th ed., p. 264).
175. In default of payment within the prescribed period of
the full amount of purchase-money, whether Effect of default, of movea bl e or immoveable property, the de-
posit, after defraying thereout the expenses of the sale, shall b e forefeited to Government, and the property shall be re-sold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be sub- sequently sold.
176. If the proceeds of the sale, which is eventually made,
be less than the price bid by such defaulting Liability of purchaser purchaser, the difference shall be recoverable for loss by re-sale. f rom him by the Collector as an arrear of land revenue.
177. Every re -sale of property in default of payment of the
purchase-money, or after postponement of Notification before re- the first sale, shall, except when such re-sale Bale - takes place forthwith, be made after the issue
of a fresh notice in the manner prescribed for original sales.
178. At any time within thirty days from the date of the sale
of immoveable property application may be asit P saJe? * "* made to the Collector to set aside the sale on the ground of some material irregularity, or mistake, or fraud, in publishing or conduct- ing it ;
but except as is otherwise provided in the next following sec- tion, no sale shall be set aside on the ground of any such irregu- larity, or mistake unless the applicant proves to the satisfaction of the Collector that he has sustained substantial injury by reason thereof.
If the application be allowed, the Collector shall set aside the sale, and direct a fresh one.
179. On the expiration of thirty days from the date of the
sale, if no such application as is mentioned in
Order confirming or . the last Fading section has been made, or
jetting aside sale. 8tlc ^ application has been made and rejected,
the Collector shall make an order confirming
SBW. 176-152 ] OP Tffss RELIAZATION OF LAND REVENUE, ETC. its-
the sale : provided that, if he shall have reason to think that the ale ought to be set aside notwithstanding that no such application has been made, or on grounds other than those alleged in any ap- plication which has been made and rejected, he may, after recording his reasons in writing, set aside the sale.
180. Whenever the sale of any property is not confirmed, or . , . , . t is set aside, the purchaser shall be entitled to
pnSsteT 8 when <* b * hi d *P<** <* purchase^
sale set aside. money, as the case may be.
181. After a sale of any occupancy or alienated holding has - - been confirmed, in manner aforesaid, the
a ale n pu"h^ot pu! Collator shall put the person declared to be
in possession. the purchaser into possession of the land [a]
and shall cause his name to be entered in the
[b] land records [b] as occupant or holder in lieu of that of the
defaulter, and shall grant him a certificate to Certificate of purchase. tfae effect ^ he hfts purcha8ed Ae c] ] and
to which the certificate refers.
Occupancy: The term 'occupancy' is subject to modification when appli- ed to any estate in the Districts of Ahmedabad, Kaira, Broach or Panch Mahals to which the Gujarat Talukdars' Act extends (see Bom. Act VI of 1888, ss. 1 and 33).
Certificate of sale. Certificate of sale granted by the Civil Courts as well as those granted by the Revenue Officers are liable to stamp duty under Art. 16, 8ch. 1, of the Stamp Act (G.R. No. 3009, dated 15th June 1880, quoted in Sathe's L. R. Code, 4th ed., p. 267).
Every Revenue Officer granting a certificate of sale to the purchaser of im- moveable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the property comprised in the certificate is situate, and such officer shall file tfce copy in his Book No. 1 (See sec. 89 (4) of the Registration Act, XVI of 1908).
182. The certificate shall state the name of the person de-
clared at the time of sale to be the actual
" * 8nd "7 8uit b^ in Civil urt against the certified purchaser on the ground that the purchase was made on behalf of another person not the certified purchaser, though by agreement the name of the certified purchaser was used, shall be dismissed.
[aj Wo ids repealed by Bom. Act IV of 1913, s. 71, are omitted.
[bb] 1 hese words were substituted for the original words "revenue records" by Bom. Act IV of im, s. 71.
fcj This word was tnbbtituted for the words ''occupancy or alienated bold- ing" by Bom. Act IV of 1913, s. 71,
1*4 Tan BOICBAV LAND RKVBNUB CODE, 1879 [ CHAP. XI
Bar of suit against certified purchaser. The provisions of this
section and s. 317 (nows. 66) of the Civil Procedure Oode are to be construed strictly, and they do not bar a suit where the plaintiff, although originally a benamidar, came honestly into possession (Ragho . Yishnv, 5 Bom. L.R. 329).
183. When any sale of inoveable property under this chapter . has become absolute, and when any sale of
ceAf ST Pr " immoveable property has been confirmed, the proceeds of the sale shall be applied to de- fraying the expenses of the sale and to the payment of any arrears due by the defaulter at the date of the confirmation of such sale, aad recoverable as an arrear of land revenue,
and the surplus (if any) shall be paid to the person whose pro- perty has been sold.
.The expenses of the sale shall be estimated at such rates and according to such rules as may from time to
^wff* h W time be sanctioned by the Commissioner under
calculated. , , f ~ J
the orders of Government.
1 84. The said surplus shall not, except under an order of Surplus not to be paid a Civil Court, be payable to any creditor of
to creditors, except un- the person whose property has been sold, der order of Oonrt.
Claims Of Creditors. After the arrears have been recovered' from the sale-proceeds under s. 183, the excess, if any, must be treated a 3 a 8 urn to the de- faulter's credit and is claimable by his creditors (GvR. No. 5,730, dated 27th Octo- ber 1879, quoted in Bathe's Land Revenue Oode, 4th ed., p 269),
[a] 185. Notwithstanding anything in section 136, the . . person named in the certificate of title as
Certified purchaser purchaBer ghaU not be HaUe f or } and revenue liable only lor land re- *, - A i i i . i
venae subsequently due. dae * n respect of the land for any period
previous to the date of the sale.
186. If any claim shall be set up by a third person to move- able property attached under the provisions of Claims to attached thig chapter the Collector shall admit or reject moveable property how i i f i , ?
to be disposed of . his claim on a summary inquiry held after
reasonable notice. If the claim be admitted wholly or partly, the property shall be dealt with accordingly. Except, in so far as it is admitted, the property shall be sold and the title of the purchaser shall be good (or all purposes, aud the proceeds shall be disposable as hereinbefore directed.
Delegation of powers to Mamlatdars and Mahalkaris, Th< Collectors are authorized to delegate the powers exercised by them under this section to Mamlatdars and Mahalkaries when the adoption of such a coarse may appear to them desirable (Gr.R. No. 8785, dated 1 9th November 1882, quoted in Sabhe'ft Land Revenue Oode, 4th ed., p. 270),
[a] This section was substituted for the original section by B:>m. Act IV of 1913; I. 72,
8X00.188 -1&7 J OF tHiffi ftjSAUZA'jKO* OF IiAND RZVENUU, fed,
187. All sums due on account of land revenue, all quit-rents, . . nazaranas, succession duties, transfer duties TbTpr:;i: d forfeitures, and .11 ce.se., profits from
o! this chapter. land, emoluments, fees, charges, penalties, fines, and costs payable or leviable under this Act or under any Act or Regulation hereby repealed, or under iany Act for the time being in force relating to land revenue ;
and all moneys due by any contractor for the farm of customs- duties, or of any other duty, or tax, or of any other item of revenue whatsoever and all specific pecuniary penalties to which any such contractor renders hi-nself liable under the terms of his agreement ;
and also all sums declared by this or by any other Act or Regulation at the time being in force [a] or by any contract with the Secretary of State for India in Council [a] to be leviable as an assessment, or as a revenue demand, or as an arrear of land revenue;
shall be levied under the foregoing provisions of this chapter [b] and all the foregoing provisions of this chapter shall, so far as may be, be applicable thereto [&].
W
And all persons who may have become sureties under any of
the provisions of this Act or of any Act or
Subtle* liable as Regulation hereby repealed, or for any such
revenue defaulters contractor as aforesaid for any sum of
money shall on failure to pay the amount or
any portion thereof for which they may have become liable under
the terms of their security-bond, be liable to be proceeded against
under the provisions of this chapter as revenue-defaulters [d] and
all the foregoing provisions of this chapter shall, so far as may be,
be applicable to such persons [d].
And in the event of the resumption of
Ou resumption of a any suc h f arm as j 9 aforesaid, no person shall tr c o n Xrtn m be entitled to credit for any payment, which vance to be admitted. & e H*ay have made to the contractor in antici- pation-
[0] And any person who has received from Government a
free grant of money for any agricultural pur-
The recovery of free pose, subject to the proviso that he shall re-
?e"te a9 in arr cr ol ^nd the same on failure to observe any of
misuse. the conditions of the grant, shall, on failure
to observe any such condition and to repay
[a-a] These words were inserted by Bom. Act IV" of 1905, First ScJ^uieT ~ [b-b] These were added by Bom. Act IV of 1913, s. 73 (1). [c] The words inserted by Bom Act I of 1920, s. 2, hare been repealed br Bom. Act VII of 1925, Schedule. ^peaiea oy
[d-d 1 These words added by Bom. Act IV of 1918, s. 73 (2).
[e] This paragraph was- added by Bom; Act IV of 1913, B. 73 (3),
116 T*x BrtdU* IIAHD RKTBHUE CODE, 1*79 [ CHAP. XH
the aaid um to Government, be liable to be proceeded against under feke provisions of this chapter as a revenue-defaulter ; and all the foregoing provisions of this chapter shall, so far as may be, be ap- plicable to such person.
The effect Of this Section is to moke the provisions of as. 153 and 66, and also those of 9. 155, applicable to sales for the recovery of charges assess- ed under s. 122 in connection with boundary marks. Such charges may be re- covered either by forfeiture or the occupancy in respect of which the arrear is due , pr by sale of the defaulter's immoveable property other than the land on which fehe arrear is due. In the former case the land is freed from all incnmbranoes created by the occupant. In the latter case the rights of incumbrances are not touched (Venkatosh . Mhal Pai, 15 Bom. 67).
CHAPTER XIL
PBOCEDUE OF REVENUE OFFICERS.
188. In all official acts and proceedings a revenue officer shall,
in the absence of any express provision of law
Subordination of re- to the contrary, be subject as to the place,
venue officers. t j mej an( j mftnner o f performing his duties to
the direction and control of the officer to whom he is subordinate.
189. Every revenue officer not lower in rank than a Mamlat-
dar's first karkun, or an Assistant Superin- Power to summon tendent of Survey, in their respective depart- persone to give evidence ^ t_ n r r r
and produce documents. m ts " have power to summon any person whose attendance he considers neces- sary either to be examined as a party or to give evidence as a wit- ness, or to produce documents for the purposes of any inquiry which such officer is legally empowered to make. A summons to produce documents may be for the production of certain specified documents, or for the production of all documents of a certain de- scription in the possession of the person summoned.
All persons so summoned shall be bound to attend, either in parson or by an authorized agent, as such officer may direct : pro- vided that exemptions under [aj sections 132 and 133 of the Code of Civil Procedure, 1908 [a] shall be applicable to requisitions for attendance under this section ;
and all persons so summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements,
and to produce such documents and other things as may be required.
This section does not empower a Manila tdar to summon any person to attend before a Deputy Collector who is making
(a-a| These words were substituted for the original words "sections 640 and 641 of the Code of OivU Procedure" by Bom, Act IV of 1911, . 74,
-102] JBooiGtotJttE OF REVENUE OFFIOBES 12?
enquiries about the appointment of a patel for an inara village. A. failure to attend in obedience to such a summons is not an offence under 3 174 of the Penal Code (Queen-Empress v. Vidya Dhar, Or, Eg. 52 of 1889).
190. Every summons shall be in writing, in duplicate, and shall state the purpose for which it is issued,
wiSTV-, 1 "^ an * ??" Je iged by the officer taring it sealed ; and if he have a seal shall also bear his seal :
and shall be served by tendering or delivering a copy of it to the person summoned, or, if he cannot be
how to be served. found> by ftffixing a copy o } t to gome ^^
spicuous part of his usual residence.
If his usual residence be in another district, the summons may
. . ,. be sent by post to the Collector of that dis-
othe e r m Tha n ln f i trict, who 9 hall cause it to be served in ac-
issuer. cordance with the preceding clause of this
section.
191, Every notice under this Act, unless it is otherwise ex-
pressly provided, shall be served either by
Mode of serving tendering or delivering a copy thereof to the
notlce8 ' person on whom it is to be served or to his
agent, if he have any ;
or by affixing a copy thereof to some conspicuous place on the land, if any, to which such notice refers.
No such notice shall be deemed void on account of any error in the name or designation of any person re- Notice not void ferred to therein, unless when such error has
produced substantial injustice.
In any formal or summary inquiry if any party desires the attendance of witnesses, he shall follow L'rf the procedore prescribed by the [a] Code o witnesses. Civil Procedure, 1^08, for parties applying
for summons for witnesses- [a] Procedure for procuring attendance of witnesses. Tha pro-
cedure for parties applying for summonses for witnesses is given in Order XVI of the Code of Civil Procedure (Act V of 1908), which runs thus :
"1. At any time after the suit is instituted, the parties may obtain, on ap- plication to the Court or to snob jfficer as it appoints in this behalf, summonses to persons whose attendance is required to give evidence.
2. The party applying for a summons shall, before the su-nann* is granted and within a period to be fixed, pay into Court such a sum of money as appears to the Oourt to be sufficient to defray the travelling and other expenses of the person summoned in passing to and from the Oonrt in which he is required to attend, and for one day's attendance.
[a-aj These words were substituted for the original words "Code of Civil Procedure, section 160" by Bom Act IV of 1913, s, 75. 17
or error *
BoilBAt LAUD REVERE OODE, 1879 [ Ciur. Ill
3, The earn so paid into Court shall be tendered to the person summoned, at the time of serving the summons, if it can be served personally.
5. Every summons for the attendance of a person to give evidence shall specify the time and place at which he is required te attend.
9. Service shall in all cases be made a sufficient time before the time specified iu the summons for the attendance of the person summoned, to allow him a reason- able time for preparation and for travelling to the place at which his attendanca is required."
For other particulars, see Order XVI of the 0. P. Oode.
Oflfloer holding summary enquiry to be deemed a Civil
Court. The officer or any authority holding a summary enquiry under the provisions of this Oode is a Oivil Oourt for the purposes of such enquiry, and such Court nuy direct by whom the costs of party are to be piid whether by him- self o by any other party to the enquiry and whether in whole or in what part or proportion*. Such costs cxn be levied under th<j provision* of Chapter XI pf the Oode (G. R. No. 4*68, dated lOch Jaly U82, quoted in bathe's Land- Kevenue Code, 4th ed., p. 276).
193. In all formal inquiries the evidence shall be taken down u , , f .. . in frM iu writing, in the language in ordi- dent Tin 2Sf * y uw m the district, by, or in the presence quires, and hearing and under the personal superin-
tendence and direction of, the officer making the investigation or inquiry, and shall be signed by him.
In cases in which the evidence is not taken down in full in writing by the officer making the inquiry, he shall, as the examina- tion of each witness proceeds, make a memorandum of the substance of what such witness deposes ; and such memorandum shall be written and signed by such officer with his own hand, and shall form part of the record.
If such officer is prevented from making a memorandum as above required, he shall record the reason of his inability to do so.
When the evidence is given in English, such officer may take m ,. . , . it down in that language with his own hand, **3%JSSZ authenticated translation of the same to be on record. in e language in ordinary use in the dis-
trict shall be made and shall form part of the record.
194. Every decision, after a formal inquiry, shall be written
by the officer passing the same in his own Writing and explana- hand-writing, and shall contain a full state- tion of decisions. ment of the grounds on which it is passed.
195. In summary inquiries the presiding officer shall himself,
as any such inquiry proceeds, record a minute Summary inquiries how of the proceedings in his own hand in Eng- to be conducted. Ugh Qr j n h j g i an ^ uage o| tfae distr j ct> e _
bracing the material averments made by the
103-108 ] PBOOBDUBE OF RKvairaE OFPIOWU Ml
parties interested, the material pa
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