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Section 2 of the survey act 1875


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Sayef Amin

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Section 2 of the survey act 1875

  1. 1. The Survey Act 1875Section 2 of the Survey Act 1875:"survey" includes identification of boundaries, determination of the extent oferosion along the banks of rivers or the extent of accretion, reformation or newformation due to fluvial action of any river,] and all other operations antecedent toand connected with survey:"tenure" includes all permanent interests in land, with the exception of estates asabove defined, and with the exception of those of radiates having a right ofoccupancy only; it also includes all ghatwali holdings:"tenure-holder" means all or any of the holders of tenure: "zamindar" means all orany of the holders of an estate.Government may order survey: 3. The Government may, whenever it shall think fit, order that a survey shall bemade of the land situated in any district or in any part of a district or in anyspecified tract of country, and that the boundaries of estates, tenures, mouzas orfields be demarcated on the lands so to be surveyed.Government may appoint Superintendent of Survey:4. For the purpose of carrying out any survey directed to be made under the lastpreceding section, or for any or all of the purposes of this Act, the Governmentmay appoint a Superintendent of Survey, who may exercise all or any of thepowers of a Collector under this Act; and may appoint one or more AssistantSuperintendents and Deputy Collectors, who shall exercise all the powers of aCollector in respect to such matters under this Act as may be delegated to suchAssistant Superintendents or Deputy Collectors respectively by the Collector orSuperintendent of Survey, and not otherwise:Provided that, notwithstanding the appointment of a Superintendent of Survey forany tract of country, it shall be competent to the Board of Land Administration to]direct that the Collector shall perform any duties under the Act within the saidtract.Collector may enter upon land:6. After issue of a proclamation as aforesaid, the Collector and any person actingunder his authority may enter upon such lands, and do all things and make allinquiries necessary for effecting the survey and demarcation of the boundariesthereof. 3
  2. 2. Collector may serve special notice:7. The Collector may also, by a special notice, require any such person to attendbefore or before any person authorized by the Collector in that behalf, within aspecified time, which shall not be less than fifteen days after the service of thenotice, at any places, for any of the purposes aforesaid; any every person on whomsuch special notice may be served shall be legally bound to attend as required bythe notice, and to do any of the things mentioned in section 5, and to give anyinformation which may be required, so far as he may be able to give it.Collector to pay price of materials or labour supplied:8. When any materials or labour shall have been supplied for any of the purposesmentioned in section 5, the Collector or other officer making a requisition underthat section shall forthwith cause the price of such materials or labour to be paid tothe person by whom the same were supplied.Compensation:10. If any demand for compensation be made in respect of the clearance of any linein accordance with a requisition under the last preceding section, the Collectorshall ascertain and record the nature and estimated value of any trees, jungle,fences or standing crops which may have been cut down or removed, and shalloffer adequate compensation to the owners thereof, together with payment for allexpenses incurred in carrying out the said requisition.Effect of signature:The signature affixed to any maps or papers under this section shall be inattestation of the fact that the boundaries thereon represented or any of them havebeen represented in accordance with those pointed out by the person signing; andthe affixing of such signature shall not be held to prejudice the right of any personinterested to make any objection to such boundaries on any other ground before theCollector under the next succeeding section.Government may order survey to determine the extent of erosion, accretionand new formation:13A. The Government may, whenever it shall think fit, order that a survey shall bemade to determine the extent of erosion along the banks of any river or the extentof accretion, reformation or new formation caused from time to time due to fluvialaction of any river in any district, part of a district or local area.Collector to publish proclamation before entering on lands:13B. (1) Before entering on any land for the purpose of survey under section 13A,the Collector shall cause to be published mouzawar a proclamation addressed tothe residents of the villages and the occupants of the land where the extent oferosion along the banks of any river or the extent of accretion, reformation or newformation due to fluvial action of any river is about to be determined calling upon 4
  3. 3. them to attend before the Collector or any officer authorized by him in that behalf,at such place and at such time as shall be stated in the proclamation, for thepurpose of pointing out the extent of erosion, accretion, reformation or newformation and of rendering such aid as may be necessary and of affording of suchinformation as may be required.(2) Such proclamation shall be published by posting a copy thereof at the Police-station and the Tahsil Office within the jurisdiction of which any portion of theland about to be surveyed is situated and at such other place or places as theCollector may direct.Collector may erect temporary Boundary-marks:14. The Collector may cause to be erected temporary boundary-marks of suchmaterials, and in such number and manner, as he may direct, on any lands to besurveyed under this Act; and may require any occupant of land to maintain andkeep in repair such marks or any boundary-marks, until any survey operation shallbe concluded and a final award given as to any disputed boundary, or untilpermanent boundary-mark may be erected in lieu thereof as hereinafter provided.Apportionment of expenses:16. All expenses incurred by the Collector in erecting temporary or permanentboundary-marks under this Act, shall, in manner hereinafter provided, beapportioned among, and levied from, the zamindars and tenure-holders on theirestates:Provided that no tenure-holder shall be liable to pay any portion of the expensesincurred by the erection of boundary-marks on an estate, unless some portion of histenure is situated within fifteen hundred feet of some such boundary-mark.Rent-free lands deemed part of tenure:17. All lands held without payment of rent, not being entered on the Collectorsregister of revenue-free tenures of the district, shall, for the purposes of this Act, bedeemed to form a part of the tenure within the local boundaries of which they maybe included; and if they be not included within the local boundary of any tenure,then to be a part of the estate within the local boundaries of which they areincluded, and if they be not included within the local boundaries of any one estate,then to be a part of such conterminous estate as the Collector in whose district suchconterminous estate is situated shall, by an order under his seal, appoint:Provided that no rent-free holding of which the annual value is less than five takashall be liable to pay any portion of the expenses of erecting boundary-marks underthis Act. 5
  4. 4. Collector may re-erect injured boundary-marks and recover expenses fromzamindars, etc:20. Whenever it shall come to the notice of the Collector that any permanentboundary-mark erected under the provisions of this Act has been injured, destroyedor removed, or requires repairs, the Collector may cause such boundary-mark to bere-erected, restored or repaired, and may recover any expenses incurred in respectof such re-election, restoration or repair, in such proportions as he shall think fit,from the zamindars and tenure-holders to whom such boundary-mark may havebeen assigned in that respect under the provision of section 29; and all suchexpenses shall be recoverable as provided in section 57.Every amount due deemed a demand:57. Every amount which may become due to the Collector under the provisions ofthis Act in respect of any expenses incurred or of any notices served, or of anycosts payable by any party in an appeal, shall be deemed to be a demand.Collector to make final apportionment:26. On the date fixed in such notice the Collector shall proceed to consider allobjections which may be made to the provisional apportionment and to make suchfinal apportionment of the expenses shall seem to him fit. In making such finalapportionment the costs of serving all notices under section 25 shall be distributedratably among the estates concerned, in proportion to the share of the expenses oferecting boundary-marks which may be apportioned to each estate; and the amountso finally apportioned as payable in respect of each estate, together with the costsof serving notices, ratably distributed as aforesaid, shall be due to the Collectorfrom the zamindars of such estates.Zamindar failing to appear deemed to have waived objections:28. Any zamindar failing to appear on the date fixed in the notice served on himunder section 25 will be deemed to have waived all objections to the payment ofthe amount apportioned to his estate, and will not be entitled to prefer anyobjections thereto on any subsequent date; and any zamindar failing to give in a listof tenures ( when called upon under section 25 to give in such list), on or beforesuch date, will be deemed to have given up all claim to recover from the tenure-holders any part of the amount which may have been apportioned as payable inrespect of his estate under section 26.Collector to apportion between zamindar and tenure-holders:30. If the zamindar of any estate shall give in a list of tenures, as referred to insection 25, with an application to the Collector to apportion between his estatesand the tenures the amount which has been apportioned as payable in respect of hisestates as aforesaid, the Collector shall proceed to make a provisionalapportionment of the said amount between the zamindar and the tenure-holders, toserve notices on the said tenure-holders in the manner provided in section 25, and 6
  5. 5. to make a final apportionment among the said zamindar and tenure-holders in themanner provided in section 26 and 27; and the provisions of section 28 shall beapplicable to such tenure-holders:Summary apportionment between zamindar and tenure-holders:31. Notwithstanding anything in this Part contained, whenever the Collector mayconsider that he has sufficient information (whether derived from papers compiledfor the purposes of the road-cess, from inquiries made in the course of proceedingsunder this Act, or otherwise) to enable him in a summary way to make anapportionment of any expenses recoverable under this Act in respect of any estate,between the zamindars of, and the holders of, tenures in such estate, the Collectormay, as soon as possible after he shall have made a provisional apportionmentunder section 24 of the sum payable in respect of such estate, and without callingon the zamindar to give in any list of tenures as provided in clause (e) of section25, proceed to make a provisional apportionment between the zamindars and thetenure-holders of such estates of the sum which has been provisionally apportionedunder section 24 as payable in respect of the estate.Procedure on provisional apportionment:33. As soon as a provisional apportionment between the zamindar and the tenure-holders shall have been made summarily as provided in section 31, the Collectorshall proceed to serve notices on the tenure-holders concerned in the mannerprovided in section 30, and to do all other things as if the said provisionalapportionment upon tenure-holders had been made on a list given in by thezamindar under section 30.Recovery of sum payable to zamindars or tenure-holder:38. Every zamindar or tenure-holder to whom any sum is payable under thepreceding sections may recover the same with interest as aforesaid in the mannerprovided by any law for the time being in force for the recovery of arrears of rentin respect of the tenure for which the sum is due.Power of Collector to take possession of land in dispute:42. If, after holding the necessary inquiry, the Collector is unable to discoverwhich party was in possession of the disputed land when he instituted the inquiryunder this section, the Collector may take possession of the land in dispute, andretain possession thereof until some party shall have established his right to thesaid land.Power to refer to arbitration:43. Whenever the Collector thinks it necessary to decide a dispute as to anyboundary under the last preceding section, he may, with the consent of the partiesconcerned, refer the same to arbitration. The procedure laid down in theArbitration Act, 1940, shall, so far as may be practicable, be applicable, to disputesso referred to arbitration. 7
  6. 6. Power of Collector in case of doubt or dispute as to boundary determined byCourt or lay down by survey:45. If it shall come to the notice of the Collector at any time, or in any manner, thata doubt or dispute exists in respect to any boundary –(a) which has at any time been determined by a competent Court; or(b) which has been laid down and shown on a map, in the course of a previousrevenue-survey or settlement, or other proceeding of a revenue officer for anyspecial purpose, and against which no objection has been preferred to any authoritycompetent to decide upon such objection; or(c) which has been laid down by survey under this Act,- the Collector may, if hethinks it desirable for any reason that the boundary so determined or laid downshall be re-laid, proceed to relay the boundary in the manner prescribed in section44 of this Act, and for the purpose of so relaying the boundary he may make anyinquiries and surveys which may be necessary, and such inquiries and surveys shallbe deemed to be proceedings under section 6, and the Collector shall exercise inrespect thereof all powers which he may exercise in respect of inquiries andsurveys under that section.Power of Collector to enforce attendance of witnesses:50. For the purpose of any inquiry under this Act the Collector shall, in addition toevery power conferred specially by this Act, have power to summon and enforcethe attendance of witnesses and compel the production of documents by the samemeans (as far as may be), and in the same manner, as is provided in the case of aCourt under the Code of Civil Procedure1908.Levy of fine:55. A fine under sections 51, 52 and 53 may be levied as far as may be practicable,in the manner provided in sections 386, 387 and 389 of the Code to CriminalProcedure, 1898; but if no movable property belonging to the person from whomthe fine is due is found in the district within which the order was passed, then suchfine may be levied as if it were an arrear of revenue.Power of Government to make rules:63. The Government may lay down rules not being inconsistent with this Act,- toprovide for the preparation of maps and registers, and for the collection and recordof any information in respect of any land to be surveyed under this Act; andgenerally to provide for the proper performance of all things to be done, and for theregulation of all proceedings to be taken, under this Act. All inquiries ordered to bemade for the collection of information under such rules shall be deemed to beinquiries under section 6, and the Collector shall exercise in respect thereof allpowers which he may exercise in respect of inquiries under that section. 8
  7. 7. THE STATE ACQUISITION AND TENANCY ACT, 1950Section: 2(3) “Collector” means the Collector of a district and includes a DeputyCommissioner and such other officers as may be appointed by the Government toperform all or any of the functions of a Collector under this Act;2(6) “complete usufructuary mortgage” means a transfer by a tenant of the rightof possession in any land for the purpose of securing the payment of money or thereturn of grain advanced or to be advanced by way of loan upon the condition thatthe loan, with all interests thereon, shall be deemed to be extinguished by theprofits arising from the land during the period of the mortgage;2(13) “holding” means a parcel or parcels of land or an undivided share thereof,held by a raiyat or an under-raiyat and forming the subject of a separate tenancy;2(14) “homestead” means a dwelling house with the land under it, together withany courtyard, garden, tank, place of worship and private burial or cremationground attached and appertaining to such dwelling house, and includes any out-buildings used for the purpose of enjoying the dwelling house or for purposeconnected with agriculture or horticulture and such lands within well definedlimits, whether vacant or not, as are treated to be appertaining thereto;2(16) “land” means land which is cultivated, uncultivated or covered with water atany time of the year, and includes benefits to arise of land, houses or buildings andalso things attached to the earth, or permanently fastened to anything attached tothe earth;22) “rent” means whatever is lawfully payable or deliverable in money or kind bya tenant to his landlord on account of the use or occupation of the land held by thetenant;2(23) “rent-receiver” means a proprietor or a tenure holder, and includes a raiyat,an under-raiyat or a non-agricultural tenant whose land has been let out and alsothe immediate landlord of a person who holds any land free of rent in considerationof some service to be rendered, but does not include a person in respect of such ofthis lands, as has been let out, together with any building standing thereon andnecessary adjuncts thereto, otherwise than in perpetuity;2(24) “Revenue-officer” includes any officer whom the Government may appointto discharge all or any of the functions of a Revenue-officer under this Act or anyrules made there under;2(27) “tenant” means a person who holds land under another person and is, or butfor a special contract would be, liable to pay rent for that land to that person:2(29) “village” means the area defined, surveyed and recorded as a district andseparate village in any survey made by, or under the authority of, the Government,and, where no such survey has been made, such area as the Collector may, with the 9
  8. 8. sanction of the Board of Revenue, by general or special order, declare to constitutea village;Service of notice for furnishing return before notification:3A. For the purpose of acquisition, under section 3, of the interest of any rent-receiver in any estate, taluk, tenure, holding or tenancy or of the lands in his khaspossession the Revenue-officer may, at any time before the publication of anotification under sub-section (1) or sub-section (2) of that section in respect ofsuch interest or lands, cause a notice to be served on such rent-receiver in theprescribed manner, directing him to furnish, within such time, not being less thansixty days from the date of service of the notice, as may be specified therein, areturn in the prescribed form showing all or any of the following particulars, asmay be required by such notice:-(i) the total area and description of all estates, taluks, tenures, holdings andtenancies held by him and the annual revenue or rent and cesses payable by him inrespect thereof to the Government or to his immediate superior landlord, as thecase may be;(ii) the names of the villages, thanas and districts in which the lands of the estates,taluks, tenures, holdings and tenancies are situated, together with a list ofcollection papers relating thereto, for a period not exceeding five yearsimmediately preceding;(iii) the area, description and classification of all lands in his khas possession withthe names of villages and thanas in which they are situated;(iv) the names of all co-sharers having joint collection with him, with theirrespective shares in such estates, taluks, tenures, holdings and tenancies; and(v) such other information as the Revenue-officer may deem necessaryDetermination of rent khas lands of rent-receivers:5. As soon as may be after the publication of a notification under sub-section (1) ofsection 3, the Revenue-officer shall determine, according to the principles laiddown in sections 23, 24, 25, 25A, 26, 27 and 28, the rent of every parcel of lands inthe khas possession of all rent-receivers specified in such notification andcomprised in the estates, taluks, tenures, holdings or tenancies to which suchnotification relates.Appeal:7. Any person aggrieved by an order of the Revenue-officer under sub-section (4)of section 4 or section 5 or by an order of the Revenue-officer determining theamount of any ad interim payment under section 6 or section 6A may, within aprescribed period and in the prescribed manner present an appeal in writing to aprescribed superior Revenue Authority; and the decision of such Authority and 10
  9. 9. also, subject only to such decision, an order of the Revenue-officer passed underthe said section and sub-sections shall be final.Acquisition of occupancy rights:11. (1) Notwithstanding anything contained in any other law for the time being inforce or in any contract, any person who holds under another person any land, foragricultural or horticultural purposes or for the purposes of his homestead, free ofrent in consideration of some service to be rendered under the system locallyknown as Nankar, Chakran or the like shall, on and from the date ofcommencement of this Act, acquire a right of occupancy in all such lands so heldby him subject to the payment of a fair and equitable rent to the person underwhom he holds such lands and the provisions of the Bengal Tenancy Act, 1885, orthe Sylhet Tenancy Act, 1936, as the case may be, so far as they apply tooccupancy raiyats, shall apply to him.(2) The fair and equitable rent, referred to in sub-section (1), shall mean such rentnot exceeding the prevailing rate of rent paid by the occupancy raiyats for lands ofa similar description and with similar advantages in the same village or in theneighboring villages as may be agreed upon between such tenant and his landlordor, in the absence of such agreement, as may be determined by the Collector on theapplication of such tenant or the landlord.Assessment of rent for rent-free land:26. (1) Where any land is held by a raiyat or an under-raiyat free of rent the rent forsuch land shall be determined at a rate which the Revenue-officer may deem fairand equitable having regard to the rates of rent generally paid by the occupancyraiyats for lands of a similar description and with similar advantages in the samevillage or in the neighboring villages. (2) Where any non-agricultural land is held by a tenant free of rent, the rent forsuch land shall be determined in accordance with the provisions of section 23 sofar as they apply to non-agricultural land.Bar to jurisdiction of Civil Court:30. (1) After an order has been made under section 17 directing the preparation orrevision of a record-of-rights in respect of any area, no Civil Court shall entertainany suit or application for the alteration of rent or determination of the status ofany tenant or the incidents of any holding or tenancy in such area; and if any suchsuit or application relating to such area is pending before a Civil Court on the dateof such order, it shall not be further proceeded with and shall abate.Appointments and powers:48. (1) The Commissioner of State Purchase shall be appointed by theGovernment. 11
  10. 10. (2) The Commissioner of State Purchase shall, in respect of the whole ofBangladesh, exercise the powers conferred and perform the duties imposed on himby this Act and by such rules as may be made under this Act. He shall also exercisegeneral powers of superintendents and control over the Director of Land Recordsand Surveys and through him over all other officers subordinate to him.(3) The Director of Land Records and Surveys shall exercise such powers andperform such duties of a Revenue-officer under this Act or any rules made thereunder as may be conferred or imposed on him.(4) The Government may appoint one or more persons who has or have exercisedthe powers of a District Judge or a Subordinate Judge to be a Special Judge orSpecial Judges for the purposes of hearing appeals which may be preferred to himor them under the provisions of this Act and of inquiring into disputes as to the titleto receive any compensation under a Compensation Assessment-roll finallypublished under section 42 or as to the apportionment of any compensationreferred to him under section 60.Prohibition of subletting:75A. (1) On and from the date of publication of a notification under sub-section (3)of section 17 or under sub-section (1) of section 31, no person shall sublet any landin his khas possession in the area to which such notification relates.(2) Any subletting made in contravention of sub-section (1) shall be null and voidand the land so sublet shall be forfeited to the Government.(3) Any person may, at any time, apply to the Government for the acquisition ofany of his khas lands under sub-section (2) of section 3 on payment ofcompensation at the rate prescribed for such land in section 39Protection of action taken under this Act:77. (1) No suit, prosecution or other legal proceeding shall lie against any personfor anything which is in good faith done or intended to be done in pursuance of thisAct or any rules made there under.(2) Save as otherwise expressly provided under this Act, no suit or other legalproceeding shall lie against the Government for any damage caused or likely to becaused or for any injury suffered or likely to be suffered by virtue of anyprovisions of this Act or by anything in good faith done or intended to be done inpursuance of this Act or any rules made there under.Settlement and use of land vested in the Government:76. (1) Except as otherwise expressly provided in this Act, any land which vests inthe Government under any of the provisions of this Act shall be absolutely at thedisposal of the Government; and the Government shall be competent to makesettlement of such land in accordance with such rules as it may make in this behalfor to use or otherwise deal with such land in such manner as it thinks fit: Providedthat no land shall be settled with a person unless he is a person to whom transfer of 12
  11. 11. land can be made under section 90: Provided further that in making settlement ofany cultivable land preference shall be given to an applicant for settlement whocultivates land by himself or by the members of his family and holds a quantity ofcultivable land which, added to the quantity of cultivable land, if any, held by theother members of his family, is less than three acres.(2) No Civil Court shall entertain any application or suit concerning any matterrelating to the settlement, by any officer of the Government, of any land under sub-section (1).Delegation of the powers of the Government:77A. The Government may, by notification, direct that any power conferred orduty imposed by this Act upon the Government shall, in such circumstances andunder such conditions, if any, as may be specified in the notification, be exercisedor performed also by any officer or authority subordinate to it.Rights and liabilities of non-agricultural tenants:81A. (1) Except as otherwise provided in this Part, the rights and liabilities of aholder of non-agricultural land, who has become a tenant under the Government inrespect of such land by virtue of the acquisition of the superior right in such landunder the provisions of this Act, shall, where the provisions of the East BengalNon-Agricultural Tenancy Act, 1949, applied to such land, at the time of suchacquisition, be regulated by provisions of that Act.(2) The rights and liabilities of other non-agricultural tenants shall, except in thematter of determination, enhancement or reduction of rent, be governed by theterms of the lease and the provisions of the Transfer of Property Act, 1882:Provided that notwithstanding anything contained in this Act or in any other lawfor the time being in force or in any contract, no non-agricultural tenant shall subletthe whole or any part of his tenancy on any terms and conditions whatsoever and,if any tenancy or any part of a tenancy is sublet in contravention of this provision,the interest of the non-agricultural tenant in the tenancy or in that part of thetenancy, as the case may be, shall be extinguished, and the tenancy or the part ofthe tenancy shall vest in the Government from the date of such subletting free fromall encumbrances.Rights of raiyat in respect of use of land:83. A raiyat shall have the right to occupy and use the land comprised in hisholding in any manner he likes.88. The holding of a raiyat or a share or portion thereof shall, subject to theprovisions of this Act, be capable of being transferred by him in the same mannersand to the same extent as his other immovable property Provided that the khas 13
  12. 12. lands of a tea garden retained under sub-section (2) of section 20, or any portionthereof, shall not be transferred without the prior sanction in writing of the DeputyCommissioner and that the proposed transfer shall not in any way disrupt the entityof the tea garden as a whole or in any way affect the cultivation of tea for whichthe land is heldGrounds for reduction of rent:106A. The rent payable by a non-agricultural tenant in respect of any tenancy maybe reduced on the ground that the rent payable by him is substantially higher thanthe rent calculated at the rates of rent determined under this Chapter for similarclasses of land in the unit in which the land comprised in the tenancy is situatedand entered in the table of rent-rates, confirmed under section 101, application tosuch unitAppeal to and revision by superior Revenue Authority:110. (1) An appeal, if presented within two months from the date of the orderappealed against, shall lie from every order passed by a Revenue-officer on anyobjection made under section 108, or from an order passed by the confirmingauthority under section 109 to the prescribed superior Revenue Authority.(2) The 61[ Board of Land Administration] may in any case under this Chapter, onapplication or of its own motion, direct the revision of any settlement rent-roll orany portion of it at any time within six months of the date of the order sanctioningthe settlement rent-roll under sub-section (2) of section 109 or any order passed bythe superior Revenue Authority under sub-section (1), whichever is later, but notso as to affect any order passed by the Special Judge under section 111: Providedthat no such direction shall be made until reasonable notice has been given to theparties concerned to appear and be heard in the matter.Appeal to the Special Judge:111. (1) Any person aggrieved by an order passed by the Revenue-officer on anyobjection made under section 108 or an order passed by the confirming authorityunder section 109, may present an appeal in the prescribed manner against suchorder, within three months of the final publication under sub-section (3) of section109 of the settlement rent-roll to which such appeal relates, to the Special Judgeappointed by the Government in this behalf provided that no appeal has been 14
  13. 13. presented regarding the matter to the prescribed superior Revenue Authority undersub-section (1) of section 110.(2) Subject to such orders as may be passed by the High Court in its revisionaljurisdiction, the order of the Special Judge, on the Appeal, shall be final; and noappeal shall lie to the High Court against the order of the Special Judge under thissection. (3) The provisions of the Code of Civil Procedure, 1908, shall, so far as itmay be, apply to all appeals presented to the special Judge under this section.Admission of application:120. (1) On receipt of any application for consolidation under section 119, theRevenue-officer shall enquire into such application in the prescribed manner andshall, if he considers after such enquiry that there are good and sufficient reasonsfor rejecting such application or excluding any of such land from consolidation,submit the application to the prescribed superior Revenue Authority with arecommendation that the application be rejected, or disallowed in a part, specifyinghis reason therefore; and on receipt of such recommendation, such superiorRevenue Authority shall pass such orders thereon as he thinks proper.(2) If the Revenue-officer does not make any recommendation under sub-section(1), or if such superior Revenue Authority, on receipt of the recommendation of theRevenue-officer, makes an order directing the Revenue-officer to admit theapplication in whole or in part, the Revenue-officer shall admit such applicationeither in whole or in part, as the case may be, and shall deal with it in accordancewith the provisions of this Chapter and of any rules made by the Governmentunder this Act.Confirmation of agreed schemes for consolidation:121. When a scheme for the consolidation of holding is submitted along with anapplication under sub-section (1) of section 119, and such scheme, including anystipulation for payment of any compensation by one party to another contained insuch scheme, has been agreed to by all the raiyats affected by it, the Revenue-officer shall, after admitting the application either in whole or in part under section120, examine such scheme and may, after such examination, either confirm thescheme with or without modification or may return it for revision and may confirm 15
  14. 14. it after such revision: Provided that the Revenue-officer shall not confirm thescheme if the sum total of the rent of all holdings under the scheme has beenreduced by the distribution of the rent consequent on redistribution of lands.Installment of rent:135. (1) Subject to agreement or establishment usage, the rent payable by a raiyatshall be paid in two equal instalments falling due on such dates as may beprescribed.(2) Subject to agreement, the rent payable by a non-agricultural tenant shall be paidin one annual instalment falling due on the last day of the agricultural year.Time and place for payment of rent:136. (1) every raiyat shall pay or tender each instalment of rent and every non-agricultural tenant shall pay or tender the rent before sunset of the day on which itfalls due:Provided that the raiyat or the non-agricultural tenant may pay or tender the rentpayable for the year at any time during the year before it falls due.(2) The payment or tender of rent may be made-(a) at the village tahsil office or at such other convenient place as may byappointed in that behalf by the Collector; or(b) by postal money-order in the manner prescribed.(3) When rent is sent by postal money-order in the prescribed manner it shall bepresumed, until the contrary is proved, that a tender has been made.(4) When rent sent by postal money-order is accepted, the fact of this acceptanceshall not be used in any way as evidence of the correctness of any of the particularsset forth in the postal money-order form. (5) Any rent or any instalment or part ofan instalment of rent not duly paid at or before the time when it falls due shall bedeemed to be an arrear.Appropriation of payments:137. (1) When a raiyat or a non-agricultural tenant makes a payment on account ofrent, he may declare the year or years and the instalment or instalments in respectof which he wishes the payment to be credited, and the payment shall be creditedaccordingly.(2) If he does not make any such declaration, the payment shall be credited towardsthe arrears, if any, and the balance, if any, after the arrears have been satisfied, and 16
  15. 15. where there is no arrear, the whole amount, shall be credited as the rent of thecurrent year.Raiyat making payment of his rent entitled to a receipt:138. Every raiyat or non-agricultural tenant who makes a payment on account ofrent shall be entitled to obtain forthwith, from the person authorised in writing bythe Collector to receive such rent, a written receipt in the prescribed form for theamount paid by him signed by the person so authorised.Liability of holding to sale for arrears:139. The holding of a raiyat or the tenancy of a non-agricultural tenant shall beliable to sale in execution of a certificate signed under the Bengal Public DemandsRecovery Act, 1913, for the rent thereof, and the rent shall be a first chargethereon.Land Survey Appellate Tribunal:145B. (1) The Government may, by notification in the official Gazette, establish asmany Land Survey Appellate Tribunals as may be required to hear the appealsarising out of the judgment, decree or order of the Land Survey Tribunals.(2) The Government may, by notification in the official Gazette, fix and alter theterritorial limits of the jurisdiction of any Land Survey Appellate Tribunal.(3) The Government shall appoint the judge of the Land Survey Appellate Tribunalfrom among persons who are or have been Judges of the High Court Division ofthe Supreme Court.(4) No appeal other than the appeals arising out of the judgment, decree or order ofthe Land Survey Tribunal shall lie in the Land Survey Appellate Tribunal.(5) Subject to the provision of sub-section (6), any person aggrieved by anyjudgment, decree or order of the Land Survey Tribunal may, within three monthsfrom the date of such judgment, decree or order, prefer an appeal to the LandSurvey Appellate Tribunal.(6) An appeal may be admitted within next three months even after the expiry ofthe period specified in sub-section (5), if the Land Survey Appellate Tribunal issatisfied with the reasons for delay shown by the appellant.Powers and procedure of Tribunals: 17
  16. 16. 145D. (1) For the purposes of disposal of suits or appeals, a Land Survey Tribunalor a Land Survey Appellate Tribunal, as the case may be, shall exercise the powersand follow the procedure under the Code of Civil Procedure, 1908 (V of 1908), sofar as not inconsistent with the provisions of this Act or the rules made there under,in respect of the following matters, namely:-(a) summoning and enforcing the attendance of any person and examining him;(b) requiring the discovery and production of any document;(c) requiring evidence on affidavit;(d) requisitioning any public record or a copy thereof from any office;(e) issuing commissions for the examination of witnesses or documents; and(f) such other matters as may be prescribed by rules.(2) Any proceeding before a Land Survey Tribunal or a Land Survey AppellateTribunal shall be deemed to be a judicial proceeding within the meaning of section193 of the Penal Code (XLV of 1860).(3) A Land Survey Tribunal or a Land Survey Appellate Tribunal shall sit at suchplace or places as the Government may fix.Power to abolish Tribunals, etc:145G. The Government may, by notification in the official Gazette, at any time,abolish any Land Survey Tribunal established under section 145A and any LandSurvey Appellate Tribunal established under section 145B, and while soabolishing, the Government shall, in the same notification, specify the courtswhere the suits, appeals and other proceedings pending in such Tribunals at thetime of such abolition shall be transferred to and be disposed of.Appeal:147. subject to any special provisions for appeal made in this Part or in any rulesmade under this Act, an appeal shall lie from every original or appellate ordermade under any of the provisions of this Part by a Revenue-officer as follows,namely:-(a) to the Collector, when the order is made by a Revenue-officer subordinate tothe Collector; (aa) to the Commissioner of the division, when the order is made bythe Collector of a district within the division; and (c) to the Board of LandAdministration], when the order is made by the Commissioner of a division.Limitation for appeals:148. The period of limitation for an appeal under section 147 shall run from thedate of the order appealed against and shall be as follows, that is to say-(a) when the appeal lies to the Collector .............................. thirty days.(b) when the appeal lies to the Commissioner of a division ............ sixty days.(bb) when the appeal lies to the Board of Land Administration] ........................ninety days.Revision: 18
  17. 17. 149. (1) Subject to any special provision for revision made in this Part, theCollector may of his own motion within one month of the date of any order passedunder this Part by a Revenue-officer subordinate to him or on application made inthat behalf within one month of the date of such order, revise such order.(1a) The Commissioner of a division may, of his own motion, within three monthsof the date of any order passed under this Part by the Collector of a district withinthe division or on an application made in that behalf within three months of thedate of such order, revise such order. (3) The Board of Land Administration] may, of its own motion, within six monthsof the date of any order passed under this Part by the Commissioner of a divisionor on an application made in that behalf within six months of the date of suchorder, revise such order.(4) The Board of Land Administration] may at any time order the correction of anyentry in a record-of-rights maintained under this Part or in a settlement rent-rollprepared and finally published under this Part which, it is satisfied, has been madeowing to a bona fide mistake:Provided that an order shall not be revised under this section if an appeal has beenpreferred against such order:Power to make rules152. (1) The Government may, after previous publication, make rules for carryingout the purposes of this Part. (2) In particular, and without prejudice to thegenerality of the foregoing power, such rules may provide for all or any of thefollowing matters, namely:-(a)the form of the application referred to in sub-section (1) of section 86 and themanner of and procedure for determining the amount of abatement referred to inthat sub-section;(c) the form of the notice referred to in clause (a) of sub-section (1) and sub-section(4) of section 89 and the amounts of process fees referred to therein;(d) the Revenue Authority referred to in sub-sections (3) and (4) of section 90;(e) the form of the notice referred to in clause (b) of sub-section (1) of section 92and the manner in which and the period within which such notice is to be given,and the manner of publication of the notice referred to in sub-section (3) of thatsection;(f) the manner of selection of land by the Revenue-officer for transferringencumbrances under section 94;(g) the procedure to be followed and the power to be exercised by Revenue-officers in determining the rent-rates referred to in clause (a) of sub-section (1) ofsection 99, and the form of a table of rent-rates under that clause, the manner ofpreparing such table and the particulars to be specified therein; 19
  18. 18. (h) the form of a settlement rent-roll under clause (b) of sub-section (1) of section99, the manner of preparing the same and the particulars to be specified therein;(i) the manner of determining the normal yield per acre of land referred to in clause(b) of sub-section (2) and in sub-section (3) of section 100;(j) the manner of determining the average rate of rent referred to in clause (f) ofsub-section (2) and in sub-section (3) of section 100;(k) the manner and period of publication of a draft table of rent-rates under sub-section (1) of section 101 and the Revenue Authority referred to in sub-section (3)of that section;(l) the manner and period of publication of a draft settlement rent-roll under sub-section (1) of section 108, and the disposal of objections under that sub-section;(m) the confirming authority referred to in sub-section (1) of section 109 and themanner of final publication of the settlement rent-roll under sub-section (3) of thatsection;(n) the superior Revenue Authority referred to in sub-section (1) of section 110;(o) the manner of presenting an appeal referred to in sub-section (1) of section 111;(q) the form of the application referred to in sub-section (1) of section 119;(r) the manner of making the inquiry referred to in sub-section (1) of section 120,the superior Revenue Authority to whom the application referred to in that sub-section is to be submitted by the Revenue-officer and the procedure to be followedin dealing with the applications referred to in sub-section (2) of that section; (s) themanner of preparation of the scheme for consolidation of holdings referred to insub-section (1) of section 122 and the appointment and constitution of theAdvisory Committee referred to in sub-section (2) of that section;(t) the manner and period of publication of a draft scheme for consolidation ofholdings under sub-section (1) of section 123 and the disposal of objections underthat sub-section;(u) the period within which and the manner in which an appeal under sub-section(1) of section 124 and a second appeal under sub-section (2) of that section shall bepresented and the superior Revenue Authority referred to in sub-section (1) of thatsection;(v) the manner of assessment of the cost of proceedings for consolidation ofholdings referred to in sub-section (1) of section 132 and the recovery of such costunder that sub-section;(w) the dates of payment of installments of rent referred to in sub-section (1) ofsection 135;(x) the manner of payment or tender of rent by postal money order under section136;(y) the form of the written receipt referred to in section 138; 20
  19. 19. (z) the procedure to be followed in recovering arrears of rent under section 141;(za) the manner in which the record-of-rights referred to in section 143 shall bemaintained up-to-date;(zb) the procedure to be followed and the powers to be exercised by Revenue-officers in revising the record-of-rights under section 144. 21