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  • Chapter 1: General2. [Repeal of provisions of Regulation VII of 1822, as to mode of determining jama to be demanded from mahal] Rep3. [Repeal of provisions of Regulation VII of 1822 as to investigation of claims simultaneously with determination of Government demand4. [Repeal of parts of the Bengal Land-Revenue Settlement Regulation, 1828 (IV of 18285. In addition to section 33, Regulation VII of 1822 it is hereby enacted that whenever any judicial question may be depending before a Collector or other officer employed in making settlements under the provisions of Regulation VII of 1822, in which the interests of justice may, in the opinion of such officer, require that the case be decided by arbitration, it shall be lawful for him to fix, under the instructions with which he may be furnished by the superior Revenue- authorities, a period within which the parties must produce the award6. In that case, if the parties shall refuse or neglect to produce such award within the term limited, it shall be lawful for the Collector or other officer to summon a panchayat, to be composed of three or five impartial and otherwise competent persons of good repute for the trial of the matter at issue7. After duly considering the statement and evidence offered by the parties, or, in case of the default or recusance of either, the statements and evidence produced by the party in attendance, the panchayat shall declare their opinions, and judgment shall be recorded according to the sentence of the majority8. No appeal shall be allowed from such decisions, which shall be immediately executed and maintained unless the Commissioner, subject to the control of the Board of Revenue should think proper, for any special reason, to direct that the case shall be submitted to another panchayat for decision9. Any suit brought before any Court of Justice to set aside a decision made in conformity with the above rules shall be non-suited with costs10. In like manner any suit brought before any Court of Justice against the arbitrators, collectively, or individually, appointed in conformity with the rules prescribed, to recover from them the value of the property lost by the decision founded on their award, shall be non-suited with costs11. It is hereby declared that the rules concerning malikana contained in section 5, Regulation VII of 1822, were intended to have a prospective effect only, and to be applicable solely to settlements made under that Regulation, and to recusance tendered at the completion of such settlements12. It is further enacted that the village-accounts which are required to be kept in such manner and form as has heretofore been the custom, or in such other mode as may hereafter be prescribed by the Board of Revenue shall be prepared in duplicate sets-one for deposit in the office of patwari, and one for deposit in the office of Collector of the district in which the respective estates or tenures may be situated, and, wherever the office of a kanungo may be established, a third copy shall be prepared and deposited in that office13. The several accounts required for deposit in the pargana and Zila Revenue-offices, as above-stated, instead of being delivered at the expiration of every six months, as prescribed by the rules at present in force, shall be furnished in such mode and at such periods as the Board may direct14. [Penalties to landholders for not conforming to rules regarding village accounts15. [Penalties to landholders for not conforming to rules regarding village accounts16. It shall be competent to the 1[Government] to appoint to any revenue jurisdiction a Deputy Collector, with the powers hereinafter specified17. [Persons eligible to office, and how appointed18. [Monthly allowance how fixed, and susceptible of increase19. [Solemn   declaration   to be made by Deputy Collectors20. The Deputy Collectors appointed under this Regulation are to be in all respects subordinate to the Collector under whom they may be placed, and are required to perform all duties assigned to them by that functionary21. It will be at the discretion of the latter officer to employ them in settlement-duties under the provisions of Regulation VII, 1822, in the superintendence of the Government Khas Mahals, and generally in the transaction of any other part of the duties of a Collector22. All proceedings held by a Deputy Collector appointed under this Regulation shall be recorded in his own name and on his own responsibility, subject to the revision and control of the Collector and appealable to the superior authorities in the usual course

THE [***] LAND-REVENUE (SETTLEMENT AND DEPUTY COLLECTORS) REGULATION, 1833

Act No. IX of 1833

Enacted: 1833-01-01

Chapter 1
General

2.[Repeal of provisions of Regulation VII of 1822, as to mode of determining jama to be demanded from mahal] Rep

2. [Repeal of provisions of Regulation VII of 1822, as to mode of determining jama to be demanded from mahal] Rep. by the Amending Act, 1903 (I of 1903).

3.[Repeal of provisions of Regulation VII of 1822 as to investigation of claims simultaneously with determination of Government demand

3. [Repeal of provisions of Regulation VII of 1822 as to investigation of claims simultaneously with determination of Government demand.] Rep. by the Amending Act, 1903 (I of 1903).The2[Government] will hereafter determine the order in which the above matters shall be respectively disposed of.

4.[Repeal of parts of the Bengal Land-Revenue Settlement Regulation, 1828 (IV of 1828

4. [Repeal of parts of the Bengal Land-Revenue Settlement Regulation, 1828 (IV of 1828.] Rep. by the Repealing Act, 1874 (XVI of 1874).

5.In addition to section 33, Regulation VII of 1822 it is hereby enacted that whenever any judicial question may be depending before a Collector or other officer employed in making settlements under the provisions of Regulation VII of 1822, in which the interests of justice may, in the opinion of such officer, require that the case be decided by arbitration, it shall be lawful for him to fix, under the instructions with which he may be furnished by the superior Revenue- authorities, a period within which the parties must produce the award

5. In addition to section 33, Regulation VII of 1822 it is hereby enacted that whenever any judicial question may be depending before a Collector or other officer employed in making settlements under the provisions of Regulation VII of 1822, in which the interests of justice may, in the opinion of such officer, require that the case be decided by arbitration, it shall be lawful for him to fix, under the instructions with which he may be furnished by the superior Revenue- authorities, a period within which the parties must produce the award.

6.In that case, if the parties shall refuse or neglect to produce such award within the term limited, it shall be lawful for the Collector or other officer to summon a panchayat, to be composed of three or five impartial and otherwise competent persons of good repute for the trial of the matter at issue

6. In that case, if the parties shall refuse or neglect to produce such award within the term limited, it shall be lawful for the Collector or other officer to summon a panchayat, to be composed of three or five impartial and otherwise competent persons of good repute for the trial of the matter at issue.

7.After duly considering the statement and evidence offered by the parties, or, in case of the default or recusance of either, the statements and evidence produced by the party in attendance, the panchayat shall declare their opinions, and judgment shall be recorded according to the sentence of the majority

7. After duly considering the statement and evidence offered by the parties, or, in case of the default or recusance of either, the statements and evidence produced by the party in attendance, the panchayat shall declare their opinions, and judgment shall be recorded according to the sentence of the majority.The superior Revenue-authorities will from time to time issue such rules of practice for the guidance of the officers employed in this duty, or the panchayats, as they may consider necessary.

8.No appeal shall be allowed from such decisions, which shall be immediately executed and maintained unless the Commissioner, subject to the control of the Board of Revenue should think proper, for any special reason, to direct that the case shall be submitted to another panchayat for decision

8. No appeal shall be allowed from such decisions, which shall be immediately executed and maintained unless the Commissioner, subject to the control of the Board of Revenue should think proper, for any special reason, to direct that the case shall be submitted to another panchayat for decision.

9.Any suit brought before any Court of Justice to set aside a decision made in conformity with the above rules shall be non-suited with costs

9. Any suit brought before any Court of Justice to set aside a decision made in conformity with the above rules shall be non-suited with costs.

10.In like manner any suit brought before any Court of Justice against the arbitrators, collectively, or individually, appointed in conformity with the rules prescribed, to recover from them the value of the property lost by the decision founded on their award, shall be non-suited with costs

10. In like manner any suit brought before any Court of Justice against the arbitrators, collectively, or individually, appointed in conformity with the rules prescribed, to recover from them the value of the property lost by the decision founded on their award, shall be non-suited with costs.

11.It is hereby declared that the rules concerning malikana contained in section 5, Regulation VII of 1822, were intended to have a prospective effect only, and to be applicable solely to settlements made under that Regulation, and to recusance tendered at the completion of such settlements

11. It is hereby declared that the rules concerning malikana contained in section 5, Regulation VII of 1822, were intended to have a prospective effect only, and to be applicable solely to settlements made under that Regulation, and to recusance tendered at the completion of such settlements.

12.It is further enacted that the village-accounts which are required to be kept in such manner and form as has heretofore been the custom, or in such other mode as may hereafter be prescribed by the Board of Revenue shall be prepared in duplicate sets-one for deposit in the office of patwari, and one for deposit in the office of Collector of the district in which the respective estates or tenures may be situated, and, wherever the office of a kanungo may be established, a third copy shall be prepared and deposited in that office

12. It is further enacted that the village-accounts which are required to be kept in such manner and form as has heretofore been the custom, or in such other mode as may hereafter be prescribed by the Board of Revenue shall be prepared in duplicate sets-one for deposit in the office of patwari, and one for deposit in the office of Collector of the district in which the respective estates or tenures may be situated, and, wherever the office of a kanungo may be established, a third copy shall be prepared and deposited in that office.

13.The several accounts required for deposit in the pargana and Zila Revenue-offices, as above-stated, instead of being delivered at the expiration of every six months, as prescribed by the rules at present in force, shall be furnished in such mode and at such periods as the Board may direct

13. The several accounts required for deposit in the pargana and Zila Revenue-offices, as above-stated, instead of being delivered at the expiration of every six months, as prescribed by the rules at present in force, shall be furnished in such mode and at such periods as the Board may direct.They shall be open to the inspection of every person concerned desirous of examining them.

14.[Penalties to landholders for not conforming to rules regarding village accounts

14. [Penalties to landholders for not conforming to rules regarding village accounts.] Rep. by the Bengal Rent Act, 1859 (X of 1859).

15.[Penalties to landholders for not conforming to rules regarding village accounts

15.[Penalties to landholders for not conforming to rules regarding village accounts.] Rep. by the Bengal RentAct, 1859 (X of 1859).

16.It shall be competent to the 1[Government] to appoint to any revenue jurisdiction a Deputy Collector, with the powers hereinafter specified

16. It shall be competent to the 1[Government] to appoint to any revenue jurisdiction a Deputy Collector, with the powers hereinafter specified.

17.[Persons eligible to office, and how appointed

17. [Persons eligible to office, and how appointed.] Rep. by the Repealing and Amending Act, 1914 (X of 1914).

18.[Monthly allowance how fixed, and susceptible of increase

18. [Monthly allowance how fixed, and susceptible of increase.] Rep. by the Repealing and Amending Act. 1914 (X of 1914).

19.[Solemn   declaration   to be made by Deputy Collectors

19.[Solemn   declaration   to be made by Deputy Collectors.] Rep. by the IndianOaths Act, 1873(X of 1873).

20.The Deputy Collectors appointed under this Regulation are to be in all respects subordinate to the Collector under whom they may be placed, and are required to perform all duties assigned to them by that functionary

20. The Deputy Collectors appointed under this Regulation are to be in all respects subordinate to the Collector under whom they may be placed, and are required to perform all duties assigned to them by that functionary.

21.It will be at the discretion of the latter officer to employ them in settlement-duties under the provisions of Regulation VII, 1822, in the superintendence of the Government Khas Mahals, and generally in the transaction of any other part of the duties of a Collector

21. It will be at the discretion of the latter officer to employ them in settlement-duties under the provisions of Regulation VII, 1822, in the superintendence of the Government Khas Mahals, and generally in the transaction of any other part of the duties of a Collector.

22.All proceedings held by a Deputy Collector appointed under this Regulation shall be recorded in his own name and on his own responsibility, subject to the revision and control of the Collector and appealable to the superior authorities in the usual course

22. All proceedings held by a Deputy Collector appointed under this Regulation shall be recorded in his own name and on his own responsibility, subject to the revision and control of the Collector and appealable to the superior authorities in the usual course.

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