THE 1[***] LAND-REVENUE (SETTLEMENT AND DEPUTY COLLECTORS) REGULATION, 1833

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Preamble

1. Experience having demonstrated the expediency of modifying certain enactments of Regulation VII of 1822, also of providing a more speedy and satisfactory mode of deciding such judicial questions as may be cognisable by officers of the Revenue Department under that Regulation and of declaring the intent of the rules regarding malikana promulgated by section 5, Regulation VII of 1822; it having been found expedient likewise that measures should be adopted for enforcing the production of the village- accounts, and for rendering them accessible to all persons concerned having occasion to examine them; also that persons of respectability should be employed in more important trusts connected with the revenue administration; the following provisions have been enacted, to be in force from the date of their promulgation.

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Sections/Articles

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When Collector making settlements considers arbitration necessary, he may fix period for production of 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.

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When Collector may summon panchayat

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.

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Procedure of Panchayat

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.

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Bar of appeal:- submission to second panchayat

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.

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Non-suit of suit to set aside decision: also suits against arbitrators

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.

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Property lost by arbitrators decision non-suited

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.

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Intention of rules as to malikana in section 5, Regulation VII, 1822

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.

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Village-accounts

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.

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Account to be furnished according to directions of Board

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.

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Appointment of Deputy Collector

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

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Subordination of Deputy Collectors

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.

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Duties in which Collectors may employ them

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.

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Their proceedings how recorded and how appealable

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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Footnotes

• 1

  The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972).

• 2

  Throughout this Regulation, the word “Government” was replaced for the words “the Central Government”, “the Government of Pakistan”, “the Provincial Government” or “the Government of East Pakistan” by Article 8 of the Bangladesh (Adaptation of Existing Lows) order, 1972 (President’s Order No. 48 of 1972).