CENTRAL PROVINCES LAND REVENUE ACT, 1917

S.11 Appointment of Tahsildars, Superintendents of Land Records, Naib-Tahsildars, and Assistant Superintendents of Land Records

The [Provincial Government]¹ may appoint to each district as many persons as [it]² thinks fit, to be Tahsildare Superintendents of Land Records, Naib-Tahsildars, and Assistant Superintendents of Land Records.

¹ Substituted by the A.O., for "C.C."

² *Substituted by ibid, for "he "".*

S.12 Assistant Commissioner in charge of subdivision of district

(1) The [Provincial Government]¹ may place any Assistant Commissioner of the first class in charge of one or more subdivisions of a district.

(2) Such Assistant Commissioner shall be called a Sub-divisional Officer and shall exercise the powers specified in the Second Schedule.

(3) The [Provincial-Government]¹ may delegate its powers under sub-section (1) to the * *²Commissioner or Deputy Commissioner.

¹ Substituted by the A.O., for "C.C."

²The words "F.C." rep. by ibid.

S.13 Subordination of Revenue Officers

Unless the *¹Commissioner otherwise directs, every Revenue Officer in a subdivision shall be subordinate to the Sub-divisional Officer.

¹The word "Financial" rep. by the Central Provinces Land Revenue (Amendment) Act,*. 923 (C.P. Act VI of 1923), s. 4.

S.14 Conferral by Provincial Government of powers of Revenue Officers on officials and other persons

(1) The [Provincial Government]¹ may confer on any person the powers conferred by this Act on an Assistant Commissioner² of the first class or a Tahsildar.

(2) The [Provincial Government]¹ may confer on any Assistant Commissioner of the first class or second class, Tahsildar or Naib-Tahsildar the powers conferred by this Act on a Revenue Officer of a higher grade.

(3) In conferring powers under this Act the [Provincial Government]¹ may empower persons by name or classes of officials generally by their official designation.

(4) If any Revenue Officer, who has been invested with any powers under this Act in any tahsil or district, is transferred to an equal or higher office of the same nature in any other tahsil or district, he shall, unless the [Provincial Government]¹ other-wise directs, be held to be invested, with the same powers under this Act in such other tahsil or district.

¹ Substituted by the A.O., for "C.C."

³*For notification issued under this sub-section, see Orissa L.S.R. - & O., Vol. I, pt. IX.

²The words "the Chief Commissioner" rep. by the A.O.

S.15 Deputy Commissioner in case of temporary vacancy

If the Deputy Commissioner dies or is disabled from performing his duties, the officer who succeeds temporarily to the chief executive administration of the district in revenue matters shall be held to be the Deputy Commissioner under this Act until the [Provincial Government]¹appoints a successor to-the Deputy Commissioner so dying or disabled, and such successor takes charge of his appointment.

¹ Substituted by the A.O., for "C.C."

S.16 Place for holding enquiries

Except for reasons to be recorded in writing no Revenue Officer shall enquire into, or hear, any case at any place outside the local limits of his jurisdiction:

Provided that a Sub-divisional Officer may enquire into, or hear, any case at any place within the district to which he is appointed.

S.17 Power to enter upon and survey land

All Revenue Officers, revenue inspectors and patwaris and their servants and workmen when authorized, either verbally or in writing, by them, may enter upon and survey land and demarcate boundaries and do other acts connected with their duties under this or any enactment for the time being in force:

Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without giving such occupier at least twenty four hours notice, and in making such entry due regard shall be paid to the social and religious sentiments of the occupier.

S.18 Power to transfer cases

The [Provincial Government]¹* * *² or the Commissioner may transfer any case or class of cases from any sub-ordinate Revenue Officer to any other such officer competent to deal therewith.

¹ Substituted by the A.O., for "C.C."

²The words "the Financial Commissioner" rep. by ibid.

S.19 Power to transfer cases to and from subordinates

A Deputy Commissioner, a Sub-divisional Officer, a Tahsildar or a Settlement Officer may make over any case or class of cases, arising under the provisions of this Act or otherwise, for inquiry or decision, from his own file to any Revenue Officer subordinate to him competent to deal with such case or class of cases, or may withdraw any case or class of cases from any such Revenue Officer and may deal with such case or class of cases himself or refer the same for disposal to any other such Revenue Officer competent to deal therewith:

1[Provided that when after inquiry in a case, a report is submitted by a Revenue Officer to a Superior Revenue authority for final order, the latter may, before passing the final order, give the parties an opportunity to be heard.]

¹ Inserted by the Central Provinces Land Revenue (Amendment) Act, 1930 (O.P. Act V of 1930), s. 2.

S.20 Power of Revenue Officers to require attendance of persons and production of documents and to receive evidence

(1) Subject to the provisions of sections 132 and 133 of the Code of Civil Procedure, 1908 (V of 1908), and to rules made under section 227, every Revenue Officer shall have power to summon any person whose attendance he considers necessary either to be examined as a party, or to give evidence as a witness or to produce any document for the purposes of any inquiry or case arising under this Act or any other enactment for the time being in force.

(2) A summons to produce documents may be for the production of certain specified documents or for the production of all documents of a certain description in the possession or power of the person summoned.

(3) If any person, on whom a summons has been served, fails to comply with the summons, the officer by whom the summons has been issued may issue a bailable warrant for the arrest of such person.

(4) No person shall be ordered to attend in person unless he resides-

• (a) within the local limits of the Revenue Officer's jurisdiction; or
• (b) without such limits but at a place less than fifty, or, where there is railway communication or other established, public conveyance for five-sixths of the distance between the place where he resides and the place where he is summoned to attend, less than two hundred miles distant from such place.

(5) Any person present may be required by any Revenue Officer to give evidence or to produce any document then and there in his possession or power.

S.21 Summons to be in writing, signed and sealed Mode of serving summons

(1) Every summons shall be in writing in duplicate, and shall be signed and sealed by the officer issuing it or by such person as he empowers in this behalf, and it shall specify the time and place at which the person summoned is required to attend, and also whether he is required to give evidence or to produce a document.

Mode of serving summons.

Service in district other than that of issue.

(2) Every summons shall be served by tendering or delivering a copy of it to the person summoned, or if he cannot be found or refuses, to accept service of the summons, by affixing a copy of it to some conspicuous part of his usual residence, and if such person resides in another district, the summons may be sent by post to the Deputy Commissioner of such district for service.

S.22 Mode of compliance with summons

Subject to the provisions of this Act, whoever is summoned to appear before a Revenue Officer to give evidence shall attend at the time and place named in the summons for that purpose, and whoever is summoned to produce a document shall either attend to produce it, or cause it to be produced, at such time and place.

S.23 Mode of serving notice

Every notice under this Act may be served either by tendering or delivering a copy thereof, or sending such copy by post in a cover registered under the Indian Post Office Act, 1898 (VI of 1898), to the person on whom it is to be served, or his authorized agent or, if service in the manner aforesaid cannot be made, by affixing a copy thereof at his last known place of residence or at some place of public resort in the village in which the land to which the notice relates is situated or from which the land is cultivated.

S.24 Mode of issuing proclamations

Whenever a proclamation is issued under this Act, copies thereof shall be posted in the court-house of the officer issuing it, at the headquarters of the tahsil within which the land to which it refers is situated, and at some place of public resort on or adjacent to the land to which it refers, and, if the officer issuing it so directs, the proclamation shall be further published by beat of drum on or near the land to which it refers.

S.25 Notice or proclamation not void for error

No notice or proclamation shall be deemed void on account of any error in the name or designation of any person or in the description of any land referred to therein unless such error has produced Substantial injustice.

S.26 Hearing in absence of party

(1) If any party to a case or proceeding before a Revenue Officer does not appear on the date fixed for hearing, the case may be heard and determined in his absence or may be dismissed in default.

S.27 Adjournment of hearing

(1) A Revenue Officer may, from time to time, adjourn the hearing of a Case or proceeding before him.

(2) The place of an adjourned hearing of a case or proceeding shall be intimated at the time of the adjournment to such of the parties and witnesses as are present.

S.28 No appeal from orders passed under section 26

(1) Except where a case or proceeding before any Revenue Officer has been decided on the merits, no appeal shall lie from an order passed under section 26.

(2) The party against whom any order is passed under section 26 may apply within thirty days from the date of such order, to have it set aside on the ground that he was prevented by any sufficient cause from appearing at the hearing, and the Revenue Officer may, after notice to the opposite party and after making such inquiry as he considers necessary, set aside the order passed.

S.29 Power to give and apportion costs

A Revenue Officer may give and apportion costs incurred in any case or proceeding arising under this Act or otherwise in such manner and to such extent as he thinks fit:

Provided that the fees of a legal practitioner shall not be allowed as costs in any such case or proceeding, unless such officer considers otherwise for reasons to be recorded by him in writing.

S.30 Recovery of fines and costs

All fees, fines, costs and other moneys ordered to be paid or recoverable under this Act shall be recoverable as if they were arrears of land-revenue.

S.31 Delivery of possession of immoveable property

(1) If possession of immoveable property is adjudged, the officer making the order may deliver possession in the same manner, and with the same powers in regard to all contempt's, resistance and the like, as may be lawfully exercised by the Civil Courts in execution of their own decrees.

(2) Rule 103, Order XXI, of the First Schedule of the Code of Civil procedure, 1908 (V of 1908), shall apply to any order passed in exercise of powers under sub-section (1).

S.32 Persons by whom appearances and applications may be made before and to Revenue Officers

Save as otherwise provided in any other enactment for the time being in force, all appearances before, applications to, and acts to be done before, any Revenue Officer under this Act or otherwise may be made or done by the parties themselves or by heir recognized agents or by any legal practitioner:

Provided that-

• (i) no legal practitioner, not entitled to, appear in the [High Court]¹, shall be entitled to appear before, the Provincial Government]²;
• (ii) subject to the provisions of sections 132 and 133 of the Code of Civil Procedure, 1908 (V of 1908), any such appearance shall, if the Revenue Officer so directs, be made by the party in person.

¹ Substituted by the A.O., for "Court of the Judicial Commissioner of the Central Provinces"

² Substituted by ibid, for "F.C."

S.33 Appeals

(1) Save where otherwise provided in this Act, an appeal shall lie from every original order under this Act or the rules made thereunder-

• (a) if such order is passed by any Revenue Officer sub-ordinate to the Deputy Commissioner or to the Settlement Officer,-to the Deputy Commissioner or to the Settlement Officer, as the case may be;
• (b) if such order is passed by a Deputy Commissioner or Settlement Officer-to the Commissioner;
• (c) if such order is passed by the Commissioner-to the [Provincial Government]¹:

Provided that no appeal shall lie from any order of the Settlement Officer which can be called in question in a Civil Court.

(2) A second appeal shall lie to the Commissioner or to the [Provincial Government]¹, as the case may be-

• (a) if the order is an order in appeal from an assessment under section 81;
• (b) if the original order has in appeal been varied or reversed otherwise than in a matter of costs; or
• (c) on any of the following grounds and no other, namely:-

• (i) that the order is contrary to law or usage having the force of law;
• (ii) that the order has failed to determine some material issue of law or usage having the force of law;
• (iii) that there has been a substantial error or defect in the procedure as prescribed by this Act, which may have produced error or defect in the decision of the case upon the merits.

(3) A third appeal shall lie to the [Provincial Government]²on the following ground and no other, namely, that the order is contrary to law or usage having the force of law.

(4) An order passed on revision or review varying or reversing any order shall be appealable in like manner as the order so revised or reviewed.

¹ Substituted by ibid, for "F.C."

² Substituted by the A.O., for "F.C."

S.34 No appeal against certain orders

No appeal shall lie from an order-

• (a) admitting an appeal or application for review on the ground specified in section 5 of the Indian Limitation Act, 1908; or
• (sic) 1938.
• (b) rejecting an application for revision or review.

S.35 Limitation of appeals

No appeal shall lie-

• (a) to the Deputy Commissioner or Settlement Officer-after the expiration of thirty days from the date of the order to which objection is made; or
• (b) to the Commissioner-after the expiration of sixty days from such date; or
• (c) to the [Provincial Government]¹after the expiration of ninety days from such date.

¹ Substituted by the A.O., for "F.C."

S.36 Copy of order objected to accompany petition

Every petition for appeal, review or revision shall be accompanied by a certified copy of the order to which objection is made unless the production of such copy is dispensed with.

S.37 Powers of appellate authority

1[(1) The appellate authority may either admit the appeal or, after calling for the record and giving the appellant an opportunity to be heard, may summarily reject it:

Provided that the appellate authority shall not be bound to call for the record where the appeal is time-barred or does not lie.]

(2) If the appeal is admitted, a date shall be fixed for hearing and notice thereof shall be served on the respondent.

(3) After hearing the parties, if they appear, the appellate authority may confirm, vary or reverse the order appealed against;

or may direct such further investigation to be made, or such additional evidence to be taken, as it may think necessary;

or may itself take such additional evidence;

or may remand the case for disposal with such directions as it thinks fit.

¹ Substituted by the Central Provinces Land Revenue (Amendment) Act, 1930 (C.P. Act V of 1930.

S.38 Power to stay execution of orders of lower court

(1) If an appeal is admitted, the appellate authority may, pending the result of the appeal, direct the execution of the order appealed from to be stayed.

(2) A Revenue Officer who has passed any order, or his successor in office, may direct the execution of such order to be stayed at any time before the expiry of the period prescribed for appeal, if no appeal has been filed.

(3) If execution of any order is stayed under sub-section (1) or (2), such security may be taken or conditions imposed as the appellate authority or Revenue Officer thinks fit.

S.39 Powers of revision of superior Revenue Officers

The [Provincial Government]¹* * *²the Settlement Commissioner, any Commissioner, Deputy Commissioner or Settlement Officer may, at any time, for the purpose of satisfying [itself]³as to the legality or propriety of any order passed by, or as to the regularity of the proceedings of, any Revenue Officer subordinate to [it]⁴, call for and examine the record of any case pending before, or disposed of by, such officer, and may pass such order in reference thereto as [it]⁵thinks fit:

Provided that [it]⁵shall not vary or reverse any order affecting any question of right between private persons without having given to the parties interested notice to appear and be heard in support of such order.

¹ Substituted by the A.O., for "C.C."

²*The words "the Financial Commissioner" rep. by ibid.

³ Substituted by ibid, for "himself".

⁴*Substituted by ibid, for "him".

⁵ Substituted by ibid, for "he".

S.40 Review of orders

(1) [The Provincial Government and]sup3/supevery Revenue Officer may, either on [its]sup4/supown motion or on the application of any party interested, review any order passed by [itself]sup1/supor by any of [its]sup4/suppredecessors in office and pass such order in reference thereto as [it]sup2/supthinks fit:

Provided that-

• (i) if the Commissioner, Settlement Commissioner, Deputy Commissioner or Settlement Officer thinks it necessary to review any order which he has not himself passed, and if an officer subordinate to a Deputy Commissioner or Settlement Officer proposes to review any order, whether passed by himself or by any predecessor, he shall first obtain the sanction of the officer to whom he is immediately subordinate;
• (ii) no order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard in support, of such order;
• (iii) no order from which an appeal has been made, or which is the subject of any revision proceedings, shall, so long as such appeal or proceedings are pending, be reviewed;
• (iv) no order affecting any question of right between private persons shall be reviewed except on the application of a party to the proceedings, and no application for the review of such order shall be entertained unless it is made within ninety days from the passing of the order.

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

(3) An order which has been dealt with in appeal or on revision shall not be reviewed by any Revenue Officer subordinate to the appellate or revisional authority.

sup1/sup Substituted by ibid, for "himself".

sup2/sup Substituted by ibid, for "he".

sup3/sup Inserted by ibid.

sup4/sup Substituted by ibid, for "his"

S.41 Application of Act IX of 1908

The provisions of the Indian Limitation Act, 1908 (IX of 1908) shall apply to all appeals and applications for review under this Act.

S.42 Power to form and alter patwaris circles

* * *sup1/supThe [Deputy]sup2/supCommissioner shall, from time to time, arrange the village of the district in patwaris circles and may alter the number and limits of such circles.

sup1/sup*inlineThe words "With the previous sanction of the Financial Commissioner" rep. by the Central Provinces Land Revenue (Amendment) Act 1923 (C.P. Act VI of 1923), ss. 5 and 6./inline/p

sup2/sup Inserted by ibid.

S.43 Appointment of patwaris

Subject to rules made under section 227, the Deputy Commissioner shall appoint a patwari to each circle for the maintenance and correction of the annual papers, and for such other duties as the [Provincial Government]sup3/supmay prescribe.

sup3/sup Substituted by the A.O., for "P.C."

sup3/supinlineThe words "the Chief Commissioner" rep. by the A.O./inline

S.44 Power to form revenue inspectors circles. Appointment of revenue inspectors

(1) * * *sup1/supThe [Deputy]sup2/supCommissioner shall arrange the patwaris' circles of the district in revenue inspectors' circles.

(2) Subject to rulessup4/supmade under section 227, the Commissioner shall appoint a revenue inspector to each circle for the supervision, maintenance and correction of the annual papers, and for such other duties as the [Provincial Government]sup3/supmay prescribe.

(3) The Commissioner may, with the previous sanction of supthe [Provisions Government]sup3/sup, delegate any of his powers under sub-section (2) to the Deputy Commissioner or the Settlement Officer.

sup1/sup*inlineThe words "With the previous sanction of the Financial Commissioner" rep. by the Central Provinces Land Revenue (Amendment) Act 1923 (C.P. Act VI of 1923), ss. 5 and 6./inline/inline

sup2/sup Inserted by ibid.

sup3/supinlineSubstituted by the A.O., for P.C./inline/p

sup4/supinlineFor notifications issued with reference to this sub-section, see Orissa S.R. O., Vol. I, Pt. IX./inline

S.45 Record-of-rights

(1) There shall be prepared at settlement, or at such] other times as the [Provincial Government]sup1/supmay direct, For each mahal and for each estate, a record-of-rights.

(2) The record-of-rights of a mahal shall consist of the following documents:-

• (a) Khewat or statement of persons possessing proprietary rights in the mahal, including inferior proprietors or lessees or mortgagees in possession, specifying the nature and extent of the interest of each;
• (6) Khasra or field-book, in which shall be entered the names of all persons cultivating or occupying land, the right in which it is held, and the rent, if any, payable;
• (c) Jamabandi or list of persons cultivating or occupying land in the village;
• (d) Field-map of the village except when otherwise directed by the [Provincial Government]sup2/sup;
• (e) the village administration paper prepared under section 79; and
• (f) such other papers as may be prescribed by rules made under section 227.

(3) The record-of-rights of an estate shall consist of the documents specified in sub-section (2), clauses (a) and (e), and such other papers as may be prescribed by rules made under section 227.

(4) The documents specified in sub-section (2) shall be prepared in such form and shall contain such additional particulars as may be prescribed by rules made under section 227.

(5) Until a new record-of-rights is framed, the record prepared at the preceding settlement shall be the record-of-rights prescribed by this section.

sup1/sup Substituted by the A.O., for "C.C."

sup2/sup Substituted by the A.O., for "F.C."

S.46 Correction of record-of-rights

(1) On the application of any person interested therein or of his own motion, the Deputy Commissioner may correct any entry in the record-of-rights on one or more of the following grounds and no other:-

• (a) that all persons interested in such entry wish to have it corrected; or
• (b) that by a decree in a civil suit it has been declared to be erroneous; or
• (c) that, being founded on a decree or order of a Civil Court or on the order of a Revenue Officer, it is not in accordance with such decree or order; or
• (d) that, being so founded, such decree or order has subsequently been varied on appeal, revision or review.

(2) The Deputy Commissioner may revise a record-of-rights when such revision is provided for therein.

S.47 Annual papers

(1) The Deputy Commissioner shall cause to be prepared, in accordance with rulessup2/supmade under section 227, for each mahal, annually or at such longer intervals as may be-prescribed, an amended set of the documents mentioned in section 45, sub-section (2), clauses (6), (c) and (d), and the documents so prepared shall be called the " annual papers".

(2) The Deputy Commissioner shall cause to be recorded, in accordance with rules made under section 227, all changes that have taken place in respect of, and all transactions that have affected, any of the proprietary rights and interests in any land.

(3) The Provincial Government]sup1/supmay declare the rights and interests which shall be deemed to be proprietary rights and interests within the meaning of sub-section (2).

Possession of proprietary right to be reported.

(4) Every person lawfully entering into possession of any such proprietary right or interest shall report the fact to the Tahsildar of the tahsil in which such land is situated within six weeks from the date on which he entered into possession.

(5) If the person so entering into possession is a minor or of unsound mind, the guardian or other person in charge of the property shall make the report specified in sub-section (4).

sup1/sup Substituted by the A.O., for "F.C."

sup2/supinlineFor notifications issued with reference to this sub-section, see Orissa L.S.R. O., Vol. I, Pt. IX.,/inline

S.48 Penalty for neglect to make report of possession

Any person neglecting to make the report specified in section 47, sub-section (4), shall be liable, on the order of a Revenue Officer not below the rank of Tahsildar, to a penalty not exceeding fifty rupees.

S.49 Enquiries into cases of transfer of possession

(1) The Tahsildar, on receiving the report under section 47, sub-section (4) or upon the facts coming otherwise to his knowledge, shall make inquiries as regards the fact of lawful possession and, if any transfer of such possession appears to have taken place, shall record the same in accordance with rules made under section 227

(2) If, in the course of an inquiry under sub-section (1), the Tahsildar is unable to satisfy himself as to which person is in lawful possession, he shall report the case for the orders of the Deputy Commissioner who shall decide which person is best entitled to the property and shall cause the name of such person to be recorded in accordance with the provisions of section 47, sub-section (2).

(3) The Deputy Commissioner-may put such person in possession and may require such security or impose such conditions, if any, as he thinks fit.

(4) An order as to possession passed under this section or any delivery of possession under sub-section (3) shall not be evidence of title relating to the disputed property or any right therein in any suit in a Civil Court. But an order placing a person in possession under sub-section (3) shall be evidence that such possession has been given.

S.50 Fees for recording changes

The [Provincial Government]sup1/supmay prescribe fees to be paid-"

• (a) by the person making an application for the record of any change or transaction specified in section 47, sub-section (2); or
• (b) by the person in whose favour such change or transaction is recorded, if he has not already paid fees under clause (a).

sup1/sup Substituted by the A.O. for "F.C."

S.51 Persons interested bound to furnish information

(1) Any person whose rights, interests or liabilities are required by this Act or any rule made there under to be entered in the annual papers shall be bound, on the requisition of any Revenue Officer, revenue inspector or patwari, to furnish within a reasonable time such information relating to his rights, interests or liabilities as may be necessary for the compilation of such papers.

(2) No prosecution for failing to furnish the information specified in sub-section (2) shall be instituted except by an order of the Deputy Commissioner.

S.52 Maintenance of boundary and survey marks

(1) All persons in occupation of estates, villages, mahals, pattis, lands or fields are bound to maintain and keep in repair at their own cost the permanent boundary and survey marks erected thereon, and the Deputy Commissioner may at any time order such persons-

• (a) to erect proper boundary marks on such estates, villages, mahals, pattis, lands or fields; or
• (b) to repair and renew, in such form and with such material as he may prescribe, all boundary and survey marks erected thereon.

(2) The Deputy Commissioner may fix a reasonable time for obeying such order, and if his order is not obeyed within such time, may cause such marks to be erected, repaired or renewed under his own orders, and may recover a sum not exceeding double the cost of such erection, repair or renewal from the persons against whom his order was made, in such proportion as he thinks fit.

S.53 Maintenance of boundary lines in villages adjoining Government forest

1[(1) All proprietors and tenants of villages adjoining Government forest shall maintain the boundary demarcation between the village and the forest by annually clearing one-half on the village side of a line, forty feet in width, the other half of which will be cleared [by the Provincial Government]sup2/sup, and the Deputy Commissioner may fix the time for such clearing.

(2) If such clearing is not made by the proprietors and tenants of such villages within thirty days from the date fixed by the Deputy Commissioner for the purpose, the Deputy Commissioner shall cause such half to be cleared and may recover the expenditure incurred from the proprietors and tenants in such proportion as he thinks fit.

(3) The Deputy Commissioner may, for reasons to be recorded in writing, exempt the proprietors and tenants of any such village from the obligation imposed by this section.

Explanation.-In this section, 'proprietor' includes a transferee of proprietary rights in possession and a thekadar with protected status.]]

sup1/sup Substituted by the Central Provinces Land Revenue (Amendment) Act, 1932 (C.P. Act VII of 1932), s. 2.

sup2/sup Substituted by the A.O., for "by Government".

S.54 Cognizance of and penalty for offence of damaging survey and boundary marks

(1) If any person willfully destroys, damages or, without lawful authority, removes a survey or boundary mark lawfully erected, he may be ordered by the Deputy Commissioner to pay such penalty, not exceeding fifty rupees, for each mark so destroyed, damaged or removed, as may be necessary to defray the expense of restoring the same and of rewarding the person, if any, who gave the information of the destruction, damage or removal.

(2) The imposition of a penalty under sub-section (1) shall not bar a prosecution under section 434 of the Indian Penal Code (XLV of 1860).

S.55 Disputes regarding boundaries between estates, villages, mahals or pattis

(1) All disputes regarding boundaries between estates, villages, mahals or pattis shall be decided by the Deputy Commissioner after a local inquiry at which all persons interested shall have an opportunity of appearing and producing evidence.

(2) The Deputy Commissioner shall give effect to his decision by placing the proprietors of the estates, villages, mahals or pattis in possession in accordance therewith, shall demarcate the boundary on the ground and shall pass such order as may appear equitable regarding the rights of any tenants or persons occupying the land in dispute.

(3) If a boundary has been so demarcated by the Deputy Commissioner, its correctness as such shall not be called in question by a Civil Court.

(4) Any person against whom an order is made under sub-section (1) or (2) may institute a suit to establish the right, title or interest he claims in the land in dispute and for its possession; but subject to the result of such suit, if any, the order shall be conclusive.

(5) Such suit, if the plaintiff is a proprietor who has been dispossessed, shall be instituted within six months from the date of his dispossession, and in the case of any other person, within the same period from the date of the communication of the order to him.

(6) If the estates, villages or mahals of which the boundary is in dispute are situated in different districts or divisions, the Commissioner or the [Provincial Government]sup1/sup, as the case may be, shall appoint a Deputy Commissioner or an Assistant Commissioner of the first class to decide the dispute.

sup1/sup Substituted by the A.O., for "F.C."

S.56 Liability of all land to payment of land-revenue

(i) All land, to whatever purpose applied and wherever situate, is liable to the payment of revenue to [the Crown]sup2/supexcept such land as has been wholly exempted from such liability by special grant of, or contract with, [the Crown]sup1/sup, or by) the provisions of any enactment for the time being in force. Such revenue shall be called "land revenue".

(2) Revenue may be assessed on land notwithstanding that such revenue, by reason of its having been assigned, released, compounded for or redeemed, is not payable to [the Crown]sup1/sup

(3) No length of occupation of any land, nor any grant of land made by the proprietor, shall release such land from the liability to pay revenue.

sup1/sup Substituted by ibid, for "Government".

sup2/sup*inlineSubstituted by ibid, for "Government"./inline/inline

S.56A Forecast as to settlement

(1) Whenever the [Provincial Government]sup1/supthinks that a settlement should be made of any local area, it shall cause a forecast of the probable results, of the settlement to be prepared in accordance with such instructions as may be issued for the purpose.

(2) A notice of the intention of the [Provincial Government]sup1/supto make the settlement together with proposals based on the said forecast for the standard enhancement of rents, the percentage of assets to be taken as revenue and the term for which the settlement is to be made shall be published for objections in such manner as the [Provincial Government]sup1/supmay think fit.

(3) The [Provincial Government]sup1/supshall also give the [Legislative Assembly]sup2/supan opportunity of discussing the said forecast and proposals.

(4) The [Provincial Government]sup1/supshall take into consideration any resolution concerning the said forecast and proposals which may be passed by the [Legislative Assembly]sup2/supand any objections which may be received from the persons concerned, as the case may be, before issuing the notification under section

sup1/sup Substituted by the A.O., for "L.G."

sup2/sup Substituted by ibid, for "Legislative Counc

S.57 Notification as to settlement

2[Whenever the [Provincial Government]sup1/supdecides that a settlement should be made of any local area, it shall publish a notification to that effect, and every such local area shall be held to be under settlement from the date of such notification until the issue of a notification declaring such settlement operations to be closed.]]

sup1/sup Substituted by the A.O., for "L.G."

sup2/sup Substituted by the Central Provinces Land Revenue (Amendment) Act, 1930 (C.P. Act IV of 1930), s. 3.

S.58 Power to appoint Settlement Officers, and Assistant Settlement Officers

(1) The [Provincial Government]sup1/supmay appoint an officer, hereinafter called the Settlement Officer, to be in charge of the settlement of the local area, and as many Assistant Settlement Officers as [it]sup2/supthinks fit.

(2) All Assistant Settlement Officers appointed in any local area shall be subordinate to the Settlement Officer.

sup1/sup Substituted by the A.O., for "C.C."

sup2/sup Substituted by ibid for "he"

S.59 Powers of Settlement Officer and Assistant Settlement Officer

(1) The [Provincial Government]sup1/supmay invest any Settlement Officer or Assistant Settlement Officer with all or any of the powers of a Deputy Commissioner under this Act, to be exercised by him in such case or class of cases as the [Provincial Government]sup1/supmay direct.

(2) The [Provincial Government]sup1/supmay invest any Assistant Settlement Officer with all or any of the powers of a Settlement Officer under this act or any enactment for the time being in force.

sup1/sup Substituted by the A.O., for "C.C."

S.60 Power to transfer the duty of maintaining maps and records to Settlement Officer

When a local area is under settlement, the duty of maintaining the maps and records may, under the orders of the [Provincial Government]sup1/sup, be transferred from the Deputy Commissioner to the Settlement Officer, who shall thereupon exercise all the powers conferred on the Deputy Commissioner by sections 43, 46, 47, sub-section (1), 52, 54 and 55.

sup1/sup Substituted by the A.O. for "F.C."

S.61 Appointment of Settlement Commissioner and transfer to him of Commissioner's powers

The [Provincial Government]sup2/supmay appoint a Settlement Commissioner, and transfer to him-

• (1) as regards any local area under settlement, all or any of the powers which the Commissioner would otherwise exercise under this Act or any enactment for the time being in force in matters connected with such settlement, and
• 3[(2) all or any of the powers of the [Provincial Government]sup1/supunder sections 45(2)(d), 89, 93, 95 and 213(3).

sup1/sup Substituted by the A.O. for "F.C."

sup2/sup Substituted by ibid, for "C.C."

sup3/sup Substituted by the Central Provinces Land Revenue (Amendment) cl. 1923 (C.P. Act VI of 1923), s. 8.

S.62 Provincial Government to issue instructions for guidance of Settlement Officers

The [Provincial Government]sup2/supshall issue instructions for the guidance of the Settlement Officer.

--

--

sup2/supinlineSubstituted by ibid, for "C.C."/inline/p

sup1/supinline1./inline/p

S.63 Settlement Officer to invite claims to lands appearing to have no owner

(1) When any local area is under settlement, the Settlement Officer shall make lists of all lands in such area which appear to him to have no lawful owner, and shall thereupon issue a proclamation declaring his intention to demarcate such lands as the property of [the Crown]sup4/sup, and inviting any person having any claims to or over them to present, within three months from the date of such proclamation, a petition in writing setting forth such claims and the grounds therefore.

Application of Act 1 XXIII of 1863.

(2) Such proclamation shall be deemed to be an advertisement under the Waste Lands (Claims) Act, 1863 (XXIII of 1863), section 1, and the demarcation of such lands shall be deemed to be a disposition of them within the meaning of that Act, and the Settlement Officer shall exercise all the powers vested in the Collector by that Act; and claims to or over the land comprised in such proclamation shall be dealt with, as nearly as may be, in the manner prescribed by that Act.

sup4/sup Substituted by the A.O., for "Government".

S.64 when limited right over land established

If a claim to the exercise or enjoyment of any right, not amounting to the right of exclusive possession, in, to or over any land comprised in such proclamation is established, either before the Settlement Officer or before the Court constituted under the Waste Land (Claims) Act, 1863 (XXIII of 1863), section 7, the Settlement Officer may assign to the claimant as his property a definite portion of such land, or, with the sanction of the [Provincial Government]sup1/sup, may otherwise compensate the claimant, and such assignment or compensation shall be held to extinguish all claims on account of such exercise or enjoyment.

sup1/sup Substituted by ibid, for "C.C."

S.65 Settlement Officer may exclude any town or land from settlement operations,

For the purpose of excluding from all or any of the operations of the settlement any town or other land from which the owner can derive no profit, the Settlement Officer may mark off the site and determine the limits of such town or land:

Provided that no land in respect of which land-revenue is payable at the date of the notification issued under section 57 shall, under this section, be exempted from assessment without the sanction of the [Provincial Government]sup1/sup.

sup1/sup Substituted by the A-O., for "C.C."

S.66 Settlement Officer to ascertain and record proprietors

(1) The Settlement Officer shall ascertain and record the persons who are in possession as proprietors of the land comprised in each estate or mahal.

(2) No record made under sub-section (1) shall debar any person from establishing his right to such land in a Civil Court.

S.67 Settlement Officer may declare certain persons to be malik-makbuzas

The Settlement Officer may declare to be a malik-makbuza any person who has acquired proprietary right over a definite area of a mahal, and who is not entitled to a share in the proprietary profits of the remainder of such mahal.

S.68 Determination and record of sir-land

(1) The Settlement Officer shall ascertain and determine the extent of all land which is held as sir-land and shall record the same as sir-land.

(2) The Settlement Officer may, subject to rules made under section 227, record as sir-land any land received in exchange for sir-land otherwise than in accordance with the Explanation to section 2(17).

(3) The Settlement Officer shall record as sir-land such khudkasht land as has been continuously cultivated by a proprietor for a period of not less than six consecutive years:

Provided that-

• (i) no land shall be recorded as sir-land under sub-sections (2) and (3) if the total area of sir-land within the mahal already exceeds, or would thus exceed, one-quarter of the total occupied area of the mahal;
• (ii) the Settlement Officer may, with the previous sanction of the Commissioner, exempt any mahal or part thereof from this limitation.

(4) If any land is to, be excluded from the record of sir-land under the provisions of sub-sections (2) and (3), the proprietor shall have the right to choose the particular land which is to be excluded.

(5) Any person aggrieved by an order passed or an; entry made under sub-section (1), recording or omitting to record any land as sir-land, may institute a suit in the Civil Court, at any time after the order is passed or the entry is made and within one year from the date on which the assessment is offered to the proprietor, to have such order or entry cancelled or amended and, subject to the result of such suit, if any, the order or entry shall be conclusive.

(6) An order or entry recording or failing to record any land as sir-land under sub-section (2) or (3) shall, subject to any order passed on appeal, revision or review, be conclusive.

(7) The Settlement Officer shall, at the request of any proprietor, furnish him free of cost, with a list of all the lands which have been recorded as sir-lands under this section, and which are situated within the mahal or patti owned wholly or partly by such proprietor.

Explanation I.-In this section, "proprietor" includes a transferee, of proprietary rights and a thekadar with protected status, but not a malik-makbuza.

Explanation II.-Land allowed to lie fallow according to agricultural, practice shall be deemed to be cultivated.

S.69 Determination and record of khudkasht-land

The Settlement Officer shall ascertain and determine the extent of all land held as khudkasht and shall record the same as such.

S.70 Settlement Officer to ascertain status and rents of tenants

(1) The Settlement Officer shall ascertain and record for each mahal-

• (a) the status of persons occupying lands therein as tenants;
• (b) the area of such lands;
• (c) conditions on which they are held; and
• (d) the rents fixed by him under the Central Provinces Tenancy Act, 1898(XI of 1898)sup1/sup, or, if no such rents are, fixed by him, the existing rents, if any, payable in respect of such lands.

(2) A Settlement Officer shall, at the request of any person occupying land therein as a tenant, furnish him, free of cost, with a list of all the lands held by him, the conditions on which they are held and the rents payable.

sup1/sup See now the Central Provinces Tenancy Act, 1920 (C.P. Act I of 1920)

S.71 Settlement Officer to determine the abadi of a village

The Settlement Officer shall, in the case of every inhabited village ascertain and determine the area to be reserved for the residence of the inhabitants or for purposes ancillary thereto, and such area shall be deemed to be the abadi of such village.

S.72 Procedure in cases under section 66, 67, 68, 69, 70, or 71

If a dispute arises regarding any matter mentioned in section 66, 67, 68 sub-section (1), 69/70, clauses (a), (b) and (c) or 71, the Settlement Officer shall decide it summarily after making such enquiry as he thinks fit, and shall record a proceeding stating the nature of such dispute, his decision thereon, the grounds of such decision and such other particulars as he thinks fit.

S.73 Enquiry into claims to hold free of land-revenue as against the Crown

(1) The Settlement Officer shall enquire into the case of any estate, mahal or land released, conditionally or for a term, from the payment of the whole or part of the land-revenue, and shall fix a kamiljama upon such estate, mahal or land.

(2) If in any case it appears to him that-

• (a) the conditions of any grant have been transgressed, he shall report the case to the Commissioner who shall pass such order as he thinks fit; or
• (b) the term has expired, he shall assess the estate, mahal or land to land-revenue in accordance with the conditions of the grant.

S.74 Proof of title to hold free of land-revenue as against the Crown

(1) Any person claiming to hold wholly or partially free of land-revenue as against [the Crown]sup1/supany estate, mahal or land shall be bound to prove his title to the satisfaction of the Settlement Officer.

(2) If he so proves his title, the case shall be reported for the orders of the Provincial Government]sup2/sup.

sup1/sup Substituted by the A.O., for "Government".

sup2/sup Substituted by ibid for, "F.C."

S.75 Enquiry into claims to hold any estate, mahal or land on conditions which require payment of the land revenue by other persons

(i) If the [person in possession]sup1/supof any estate, mahal or land claims to hold it on conditions which require that

S.1 Short title Local extent Commencement

(1) This Act may be called the Central Provinces Land Revenue Act, 1917;

(2) It extends to the whole of the Central Provinces;

(3) It shall come into force on such day ¹ as the [Provincial Government]² may, by notification, direct.

¹ The Act was brought into force on 1st September 1917, see Central Provinces Gazette, 1917, Pt. I, p. 669.

² Substituted by the A.O., for "C.C."

S.2 Interpretation clause

In this Act, unless there is anything repugnant in the subject or context,-

(1) "agricultural year" means the year commencing on the first day of June, or on such other date as the [Provincial Government]¹ may, in the case of any specified local area, by notification, appoint:

(2) "Assistant Commissioner" includes "Extra-Assistant Commissioner":

(3) "estate" means any collection of mahals held by the same proprietor, which the [Provincial Government]³ may, by notification, declare to be an estate:

(4) the "kamil-jama" of any estate, mahal or land means the land-revenue which would be payable to Government in whole or in part, if the same had not been released, compounded for or redeemed:

(5) "khudkasht" means that part of the home-farm of a mahal which is cultivated by the proprietor as such and which is not sir-land:

Explanation (1).-Land allowed to lie fallow according to agricultural practice shall be deemed to be cultivated.

Explanation (2).-In this definition, "proprietor" includes a transferee of proprietary rights in possession and a thekadar with protected status.

(6) "lambardar" means the proprietor of a mahal appointed to discharge the duties imposed on a lambardar by this Act:

(7) "legal practitioner" means any person entitled to practice in any of the Courts of the Central Provinces under the Legal Practitioners Act, 1879 (XVIII of 1879):

(8) "mahal" means-

• (a) any area, not being a malik-makbuza plot or a survey-number, which has been separately assessed to land-revenue, whether such land-revenue be payable or has been released, compounded for or redeemed, in whole or in part;
• (b) any other area which the [Provincial Government]² may, by general or special order, declare to be a mahal:

(9) "malik-makbuza" means any person who owns one or more plots of land separately assessed to land-revenue in a mahal:

(10) "mukaddam" means the headman of a village appointed under this Act:

(11) "patel" means the headman of a raiyatwari village appointed under this Act:

(12) "patti" means the lands in a mahal held by any co-sharer or body of co-sharers in separate ownership:

(13) "proprietor," except in sections 68, 93 and 94, includes a gaontia of a Government village in Sambalpur Territory:

(14) "recognized agent" means, subject to rules made under section 227, a person authorized in writing by any party to a proceeding under this Act to make appearances and applications and to do other acts on his behalf in such proceeding:

(15) "sadar-lambardar" means the particular lambardar appointed under this Act to represent the lambardars in their relations with [the Provincial Government]³:

(16) "Sambalpur Territory" means and includes the Phuljhar Zamindari, the Malkharoda Jagir, the Chandrapur-Padampur estate and the villages of Charra, Madhopali, Kohakunda, Badimal, Punchpurdia, Soda, Burhanpura. Panchpuragia-Palsoda, Jogni and Jhakurpali in the Bilaspur district:

(17) "sir-land" means-

• (a) land finally recorded under section 68 as "sir-land" in the record-of-rights of the current settlement;
• (b) land declared under section 106, clause (c), to he "sir-land"; and
• (c) land in Sambalpur Territory recorded as "bhogra" in the record-of-rights of the current settlement:

Provided that land which is sir-land under this definition shall, subject to the provisions of section 68, sub-section (3), and section 106, clause (c), cease to be sir-land when it becomes the subject of a tenancy under section 45 of the Central Provinces Tenancy Act, 1898 (XI of 1898)⁴, but if, during the continuance of such tenancy, the person in whose favour it has accrued, or his heir upon whom it has devolved, regains the proprietary right in such land or re-enters upon the proprietary possession thereof after the termination of any contract by which such possession had been temporarily transferred or lost, such land shall again become sir-land.

Explanation.-If by any local custom land is liable to exchange or redistribution among the cultivators thereof, land which is not "sir-land," and which is taken in exchange for " sir-land," shall become " sir-land," and the "sir-land" given in exchange for that land shall cease to be "sir-land".

(18) "survey-number" means any area held by, or intended to be settled with, a raiyat under a separate assessment of land-revenue in a village or land which is the property of [the Crown]⁵

(19) the words "tenant," "absolute-occupancy tenant," "occupancy tenant," "sub-tenant" and "rent" have the meanings assigned to them respectively in the Central Provinces Tenancy Act, 1898 (X of 1898)⁷:

(20) "village" includes any tract of land which, at the last settlement of such land, has been recognized as a village, or which the *7 Commissioner may, from time to time, by notification declare to be a village for the purposes of this Act:

(21) "village-cess" means whatever is paid, delivered or rendered in money, kind or service by a person resident or holding land in a village to any person or class of persons for services rendered to the community, or to the proprietors as such of the village, or to the patel:

Explanation.-In this definition, "proprietor" includes a transferee of proprietary rights in possession and a thekadar with protected status.

¹ Substituted by the A.O., for "C.C."

² Substituted by the A.O., for "F.C."

³ Substituted by ibid, for "Government".

⁴*Printed on p. 171, ante.

⁵ Substituted by the A.O., for "Government".

⁶ See now the Central Provinces Tenancy Act, 1920 (C.P. Act I of 1920).

⁷ The word "Financial" rep. by the Central Provinces Land Revenue (Amendment) Act, 1923 (C.P. Act VI of 1923), s. 2.

S.3 Revenue Officers

There shall be the following classes of the Revenue Officers, namely:-

• Commissioners;
• Deputy Commissioners;
• Assistant Commissioners of the first and second class
• The Settlement Commissioner;
• Settlement Officers;
• Assistant Settlement Officers;
• Tahsildars;
• Superintendents of Land Records;
• Naib-Tahsildars;
• Assistant Superintendents of Land Records.

¹ The words "the Chief Commissioner" rep. by the A.O.

² The words "the Financial Commissioner" repealed by ibid.

S.4 Section 4

1 *

¹ Authority of the Chief Commissioners. repealed by-the Devolution Act, 1920 (XXXVIII of 1920).

S.5 Control over Revenue Officers

1[(1) All Revenue Officers shall be subordinate to the Provincial Government.

(2) All Revenue Officers in a division shall be subordinate to the Commissioner.

(3) Unless the Provincial Government otherwise directs, all Revenue Officers in a district shall be subordinate to the Deputy Commissioner.]]

¹ Substituted by the A.O., for the original section,

S.6 Power to create, alter and abolish divisions, districts, subdivisions and tahsils

(1) The [Provincial Government]¹ may, * * *² create new, or abolish existing divisions.

(2) The [Provincial Government]¹ may alter the limits of any division, district or tahsil, and may create new, or abolish existing districts or tahsils, and may divide any district into subdivisions, and may alter the limits of, or abolish, any sub-division.

(3) Subject to the orders of the [Provincial Government]¹ under sub-section (2), every tahsil shall be deemed to be a subdivision of a district.

¹ Substituted by ibid, for "C.C."

²The words "with the previous sanction of the Governor-General in Council" rep. by ibid.

S.7 Power to appoint Commissioners of Divisions

The [Provincial Government]¹ shall appoint in each division a Commissioner who shall exercise therein the powers and discharge the duties conferred and imposed on a Commissioner by this Act or by any enactment for the time being in force.

¹ Substituted by ibid, for "C.C."

S.8 Power to appoint Additional Commissioners

(1) The [Provincial Government]¹ may * * *² appoint an Additional Commissioner in a division or in two or more divisions.

(2) An Additional Commissioner shall hold his office during the pleasure of the [Provincial Government]³.

(3) An Additional Commissioner shall exercise such powers and discharge such duties of a Commissioner in such cases or class of cases as the [Provincial Government]³, or, in the absence of orders from the [Provincial Government]³, as the Commissioner of the division, may direct.

(4) This Act and every other enactment for the time being in force shall apply to the Additional Commissioner, when exercising any powers or discharging any duties under sub-section (3), as if he were the Commissioner of the division.

¹ Substituted by ibid, for "C.C."

²The words "with the previous sanction of the Governor-General in Council" rep. by the Devolution Act, 1920 (XXXVIII of 1920), s. 2 and. First Schedule.

³ Substituted by the A.O., for "C.C."

S.9 Power to appoint Deputy Commissioners

The [Provincial Government]¹ shall appoint in each district a Deputy Commissioner who shall exercise therein the powers and discharge the duties conferred and imposed on a Deputy Commissioner or a Collector by this Act or by any enactment for the time being in force.

¹ Substituted by the A.O., for "C.C."

S.10 Appointment and powers of Assistant Commissioners

The [Provincial Government]¹ may appoint to each district as many persons as [it]² thinks fit, to be Assistant Commissioners³ of the first or second class, who shall exercise the powers specified in the Second Schedule.

¹ Substituted by the A.O., for "C.C."

² Substituted by ibid, for "he "".

³Substituted by ibid, for "he "".