Chapter VI REVENUE SURVEY AND SETTLEMENT IN NON URBAN

The provisions of this Chapter shall apply in respect of lands in non-urban areas.

The operation carried out in accordance with the provisions of this Chapter in order to determine or revise the land revenue payable on lands in any local area are called a “revenue survey” the result of the operations are called a “settlement” and the period during which such results are to be in force is called the “ term of settlement”.

(1) As soon as may be after the commencement of this Regulation, the Chief Commissioner may take steps to institute and may cause to be constantly maintained, in accordance with the rules made under this Regulation, and inquiry into the profits of agriculture and into the value of the land used for agricultural and non-agricultural purposes. (2) For the purpose of determining the profits of agriculture, the following matters shall be taken into account in estimating the cost of cultivations, namely :- (a) the depreciation of stock and buildings; (b) the money equivalent of the labour and supervision by the cultivator and his family ; (c) all other expenses usually incurred in cultivation on the land which is under inquiry; and (d) interest on the cost buildings and stock on all expenditure for seed and manure, and on the cost of agricultural operations paid for in cash. (3) The Settlement Officer appointed under Sub- Section (2) of section 46 shall take into consideration the information collected in the course of this inquiry when framing his proposals for assessment rates.

(1) The Government may appoint a Settlement Commissioner who shall control the operations of the revenue survey. (2) The Chief Commissioner may appoint an officer (hereinafter referred to as the Settlement Officer) to be in charge of a revenue survey and as many Assistant Settlement Officer as he thinks fit. (3) The Settlement Officer and the Assistant Settlement Officers shall be subordinate to the Settlement Commissioner and all Assistant Settlement Officers in a local area shall also be subordinate to the Settlement Officers.

When any local area is under revenue survey, the duty of maintaining the maps and records may, under the orders of the Chief Commissioner be transferred from Deputy Commissioner to the Settlement Officer, who shall thereupon exercise all the posers conferred on the Deputy Commissioner by any of the provisions in chapter VIII & XVI.

(1) Wherever the Chief Commissioner decides that a revenue survey of any local area should be made, he shall publish a notification to that effect, and such local area shall be held to be under such survey from the date of such notification until the issue of a notification declaring the operations to be closed. (2) Such notification may extend to all lands generally in the local area or to such lands only as the Chief Commissioner may direct

Subject to the rules made under this Regulation, the Settlement Officer may- (a) take measurements of the land to which the revenue survey extends and construct such number of survey marks there on as may be necessary: (b) divide such lands into survey number and group the survey numbers into villages; and (c) recognize existing survey numbers, the constitute survey numbers, or form new survey numbers.

Notwithstanding anything contained in section 49 when any portion of agricultural land is diverted to any non-agricultural purpose, or when any portion of land is set apart for any of the purpose specified is section 198 or when any assessment is altered on any portion of land under sub-section (3) of section 40, the Settlement Officer may make such portion into a separate survey number or sub-divisional of a survey Number.

(1) The Settlement Officer may either re-number survey numbers or sub-divide survey numbers into as any sub-divisions as may be required in view the acquisition of rights in land or for any other reason. (2) The division of survey numbers into sub-divisions and the apportionment of the assessment of the survey number amongst the sub-divisions shall be carried out in accordance with the rules made under this Regulation and such rules may provide limit either of area of land revenue or of both which no sub-division shall be recognized. Provided that the total amount of assessment of any survey number shall not be enhanced during the term of Settlement unless such assessment is liable to alteration under the provisions of this Regulation. (3) Where holding consist of several Kharsa numbers the Settlement Officer shall assess the land revenue payable for each kharsa numbers and record them as separate survey numbers. (4) Whenever the survey numbers are re-numbered, the Settlement Officer shall correct the entries in all records prepared or maintained under chapter VIII.

The area and assessment of survey numbers and sub-divisions of survey numbers shall be entered in such records as may be prescribed.

The Settlement Officer may, in the case of every inhabited village, ascertain and determine, with due regard to rights in land, the area to be reserved for the residence of the inhabitants or for purposes ancillary therefore, and each area shall be deemed to be abadi of the village.

For the purpose of assessment, the village of each tehsil or part of a tehsil comprised in the area to be assessed shall be formed into groups, and in forming such crops regard shall be head to physical features, agricultural and economic condition, and trade facilities and communications.

(1) On completing the necessary inquiries under section 45, the Settlement Officer shall, having regard to soil and position of land and profits of agriculture, prepare a table of assessment rates for different classes of land in the prescribed form and shall publish it in the prescribed manner for the prescribed period. (2) Any person objecting to an entry in the table of assessment rates may present a petition in writing to the Settlement Officer within the prescribed period and the Settlement Officer shall consider such objections after giving a hearing to the objector. (3) The Settlement Officer shall submit the table of assessment rate to the Chief Commissioner together with a summary of objections, if any, his decisions on such objections and a statement of the grounds in support of his proposals. (4) The Chief Commissioner may approve the table of assessment rate submitted to him under sub-section (3) with such modifications, if any, as he may consider necessary. (5) The assessment rates approved under sub-section (4) shall be finally published in the Official Gazette.

The Settlement Officer shall fix the assessment on each holding in accordance with the assessment rates approved under Section 55 and the provisions of Section 58 and such assessment shall be the fair assessment of such holding

The Settlement Officer shall have the power to make fair assessment on all lands whatsoever to which the revenue survey extends, whether such lands are liable to the payment of land revenue or not.

(1) The fair assessment of all lands shall be calculated in accordance with the principles and restrictions set forth in this section. (2) No regards shall be had to any claim to hold land on privileged terms. (3) Regard shall be had in the case of agricultural land to the profits of agriculture, consideration paid for leases, sale prices of land and the principal moneys on mortgages, and in the case of non-agricultural land to the value of the land for the purposes for which it is held. (4) The fair assessment on land used for non-agricultural purposes shall not exceed one-third of the estimated rental value of the land to be determined in the prescribed manner. (5) Where an improvement has been affected at any time in any holding held for the purpose of agriculture by or at the expense of the holder thereof, the fair assessment of such holding shall be fixed as if the improvement had not been made. (6) Except for special reasons to be approved in each case by the Chief Commissioner, no increase in the fair assessment of holding for the purposes of agriculture shall exceed fifty percent of the existing assessment.

(1) When the assessment of any land has been fixed in accordance with section 56 notice thereof shall be given in accordance with the rules made under this Regulation and such shall be called the announcement of the Settlement. (2) The assessment of any land as announced under this section, shall be the land revenue payable annually on such land during the term of the settlement unless it is modified in accordance with the provisions of this Regulation or any other law for the time being in force.

The term of a Settlement shall commence from the beginning of the revenue year next following the date of announcement under sub-section (1) of section 59 or from the expiry of the term of the previous Settlement, whichever is later.

(1) The term of Settlement shall be fixed by the Government and shall not be less than thirty years. Provided that if, at any time during the currency of the Settlement the Government is of opinion that, having regard to changes in the general conditions subsequent to the Settlement, it is desirable that the assessment, should be reduced, it may, by order, reduce such assessment for such period as it may deem fit. (2) Notwithstanding anything contained in sub-section (1) in any area where there is ample scope for extensions of cultivation or for agriculture development or where there has been a rapid development of resources owing to the construction of roads or canals since the last Settlement, the Government may, for reason to be recorded fix a term which may be less than thirty years but which shall in no case be less than twenty years. (3) Notwithstanding that the term of Settlement fixed under sub-section (1) or sub-section (2) for any local area has expired such terms shall be deemed to have extended till the commencement of the term of the subsequent Settlement in that area

The Settlement Officer may alter the boundaries or any village, or divide a village into two or more villages or unite two or more villages into one in accordance with the rules made under this Regulation.

When the Settlement operations are closed, all applications and proceedings that pending before the Settlement Officer shall be transferred to the Deputy Commissioner who shall have all the powers of a Settlement Officer for their disposal.

The Deputy Commissioner may, at any time during the term of Settlement, correct any error in the area or assessment of any survey number of holding due to mistake of survey or arithmetical miscalculation. Provided that no arrears of land revenue shall become payable by reason of such correction.

During the term of Settlement, the Deputy Commissioner shall, when so directed by the Chief Commissioner, exercise the powers of a Settlement Officer under sections 49, 50,51,53,62.

Notwithstanding anything contained in this chapter, all survey operations commenced under any law, for the time being in force and continuing at the commencement of this Regulation shall be deemed to have been commenced and to be containing under the provisions of this Chapter and all assessment rates in force at such introduced in accordance with the provisions of this Chapter and shall remain in force until the introduction of revised assessment rates; and such revised assessment rated may be introduced at any time notwithstanding any thing contained in section 61.